110Such general, categorical assertions do not in any way establish that the Board of Appeal effectively exercised the discretion conferred on it by Article 76(2) of Regulation No 207/2009, in order to decide, in giving proper reasons and taking account of all relevant facts, whether or not to take into account the additional evidence submitted to it in order to make the decision it is called upon to give (see, to that effect, OHIM v Kaul, paragraphs 43 and 68).
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