Surgical Laser Technologies, Inc., Plaintiff-appellant, v. Surgical Laser Products, Inc., Defendant-appellee,andheraeus Laseronics, Inc., Defendant, 988 F.2d 131 (Fed. Cir. 1993)

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U.S. Court of Appeals for the Federal Circuit - 988 F.2d 131 (Fed. Cir. 1993) Jan. 21, 1993

APPEAL DISMISSED

ON MOTION

PLAGER, Circuit Judge.


ORDER

In response to the court's directive, the parties submit letters regarding whether Surgical Laser Technologies, Inc.'s (SLT) appeal is from a final, appealable order.

Both parties concede that the order appealed is from a ruling on a motion for partial summary judgment, and that the district court did not enter judgment pursuant to Fed. R. Civ. P. 54(b).*  Hence, SLT's appeal is premature and must be dismissed.

Accordingly,

IT IS ORDERED THAT:

(1) The court, sua sponte, dismisses SLT's appeal.

(2) Each side shall bear its own costs.

 *

SLT states that it has now asked for entry of judgment under R. 54(b)