Read the following excerpt from a US court opinion:
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that the phrase refers to the producer of the tangible goods that are offered for sale, and not to the author of any idea, concept, or communication embodied in those goods.”) 2 . The district court entered judgment in favor of the third defendant in the bench trial, finding that Slep-Tone did not prove that defendant used the SOUND CHOICE trademark. Slep-Tone has not appealed the district court's ruling as to that defendant. 3 . At the time Slep-Tone filed its notice of appeal, there was not a final judgment within the meaning of 28 U.S.C. § 1291 because its claim against one defendant (who did not participate in the bench trial and who is not a party to this appeal) had been dismissed without prejudice. See Ryan v. Occidental Petroleum Corp., 577 F.2d 298, 302-03 (5th Cir. 1978) ; see also Mesa v. United States, 61 F.3d 20,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that a dismissal on limitations grounds is a judgment on the merits
B. holding that a plaintiffs voluntary dismissal of his claims with prejudice constituted a final order that was appealable
C. holding that a partial adjudication on the merits followed by a voluntary dismissal without prejudice of the remaining claims is not a final judgment that gives rise to appellate jurisdiction
D. holding that the dismissal without prejudice of the prior actions on grounds of mootness does not serve as a final adjudication on the merits so as to bar this action
E. holding that an adjudication on summary judgment is an adjudication on the merits
Reply with [A, B, C, D, E] only.