37 C.F.R. 1.651, Setting times for discovery and taking testimony, parties entitled to take testimony.

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1.651 Setting times for discovery and taking testimony, parties entitled to take testimony.

(a)

At an appropriate stage in an interference, an administrative patent judge shall set a time for filing motions (1.635) for additional discovery under 1.687(c) and testimony periods for taking any necessary testimony.

(b)

Where appropriate, testimony periods will be set to permit a party to:

(1)

Present its case-in-chief and/or case-in-rebuttal and/or

(2)

Cross-examine an opponent's case-in-chief and/or a case-in-rebuttal.

(c)

A party is not entitled to take testimony to present a case-in-chief unless:

(1)

The administrative patent judge orders the taking of testimony under 1.639(c);

(2)

The party alleges in its preliminary statement a date of invention prior to the effective filing date of the senior party;

(3)

A testimony period has been set to permit an opponent to prove a date of invention prior to the effective filing date of the party and the party has filed a preliminary statement alleging a date of invention prior to that date; or

(4)

A motion (1.635) is filed showing good cause why a testimony period should be set.

(d)

Testimony, including any testimony to be taken in a place outside the United States, shall be taken and completed during the testimony periods set under paragraph (a) of this section. A party seeking to extend the period for taking testimony must comply with §§1.635 and 1.645(a).

[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; paras. (a) and (d), 56 FR 42528, Aug. 28, 1991, effective Sept. 27, 1991; 56 FR 46823, Sept. 16, 1991; paras. (a)(c)(1)-(c)(3) & (d) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

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