Master, Wardens, Searchers, Assistants and Commonalty of the Co. Of Cutlers in Hallamshire in County of York v. Sheffield Steel Corp

215 F.2d 285, 42 C.C.P.A. 726

Opinions

PER CURIAM.

This is an appeal from the decision of the Assistant Commissioner of Patents reversing and remanding the decision of the Examiner of Interferences, granting appellants’ motion for summary judgment. Appellee has here moved to dismiss said appeal on the grounds that the decision appealed from is an interlocutory decision and therefore not appeal-able.

The decision of the Assistant Commissioner of Patents is essentially an order denying a motion for summary judgment. An order denying a motion for summary judgment is an interlocutory order, and as such is not a proper order for appeal. Marcus Breier Sons, Inc. v. Marylo Fabrics, Inc., 2 Cir., 173 F.2d 29. Since this is not a final judgment no appeal can be taken. “A ‘final decision’ generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Catlin v. United States, 324 , 65 S.Ct. 631, 633, 89 L.Ed. 911, and cases therein cited. The reason for not allowing appeals from such judgments is to prevent piecemeal litigation. Catlin v. United States, supra.

For the reasons hereinbefore stated, the motion is granted and the appeal is dismissed.