37 C.F.R. 1.685, Errors and irregularities in depositions.

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1.685 Errors and irregularities in depositions.

(a)

An error in a notice for taking a deposition is waived unless a motion (1.635) to quash the notice is filed as soon as the error is, or could have been, discovered.

(b)

An objection to a qualification of an officer taking a deposition is waived unless:

(1)

The objection is made on the record of the deposition before a witness begins to testify.

(2)

If discovered after the deposition, a motion(1.635) to suppress the deposition is filed as soon as the objection is, or could have been, discovered.

(c)

An error or irregularity in the manner in which testimony is transcribed, a certified transcript is signed by a witness, or a certified transcript is prepared, signed, certified, sealed, endorsed, forwarded, filed, or otherwise handled by the officer is waived unless a motion(1.635) to suppress the deposition is filed as soon as the error of irregularity is, or could have been, discovered.

(d)

An objection to the deposition on any grounds, such as the competency of a witness, admissibility of evidence, manner of taking the deposition, the form of questions and answers, any oath or affirmation, or conduct of any party at the deposition, is waived unless an objection is made on the record at the deposition stating the specific ground of objection. Any objection which a party wishes considered by the Board at final hearing shall be included in a motion to suppress under 1.656(h).

(e)

Nothing in this section precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of an administrative patent judge or the Board.

[49FR 48471, Dec. 12, 1984, added effective Feb. 11, 1985; 50 FR 23124, May 31, 1985; amended, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

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