Obiter dicta are sometimes included in first-instance decisions in order to avoid remittal. 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.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_7_3_3.htm
Date retrieved: 17 May 2021