In Ben v. Schwartz, 556 Pa. 475, 729 A.2d 547 (1999), the Pennsylvania Supreme Court concluded that all three factors antecedent to the establishment of an immediately appealable collateral order under Rule 313 were present. In Ben, the Bureau of Professional and Occupational Affairs sought to block the turnover of its entire investigative files in a dental malpractice action. The Bureau was not a party to the malpractice action and filed a motion to quash, as well as a request for a protective order, asserting that the information was privileged and not subject to discovery. The trial court dismissed these motions and directed that the Bureau produce the investigative files. The Bureau then appealed to the Commonwealth Court which determined the appeal was of an interlocutory, non-collateral order and, therefore, quashed the appeal. On appeal to the Pennsylvania Supreme Court, the Commonwealth Court was reversed upon the Supreme Court's conclusion that all three prongs necessary to establish an immediately appealable collateral order under Rule 313(b) were present. What is critical is that the Supreme Court found that a subsequent review of the order compelling the production of the investigative files, after the production of said files, would render the privilege issue illusory, since the privileged materials would have been produced, thereby making appellate review, subsequent to the production, superfluous.