9. Remittal to the department of first instance
9.7. Obiter dicta
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
Obiter dicta are sometimes included in first-instance decisions in order to avoid remittal. They thereby serve overall procedural economy and effectiveness (T 493/13). In the interests of overall procedural economy and effectiveness, the board in T 473/98 (OJ 2001, 231) also found it entirely appropriate and desirable that an opposition division should include in the reasons for a revocation decision pursuant to Art. 102(1) EPC 1973 employing the standard decision formula, by way of obiter dicta, findings which could obviate a remittal in the event of the revocation being reversed on appeal. See also T 2446/16 (ex parte proceedings).