Fmt Corporation, Inc., Plaintiff-appellee, v. Nissei Asb Company, Defendant-appellant, 47 F.3d 1181 (Fed. Cir. 1995)

Judge Tidwell did not have the benefit of Mendenhall v. Barber-Greene Co., 26 F.3d 1573, 31 USPQ2d 1001 (Fed. Cir. 1994) at the time he ruled. That case makes clear that the judgment below was not final until October 5, 1993. Therefore, the Rule 60(b) (2) motion was timely and should have been heard. Accordingly, the December 21, 1993 order denying consideration of Nissei's motion under Rule 60(b) (2) is reversed and the case is remanded for consideration of the motion on its merits.