404.07(b)    Depositions on Written Questions: When Taken

37 CFR § 2.120(a)(3)  ... Discovery depositions must be taken, ...on or before the closing date of the discovery period as originally set or as reset..

Discovery depositions must be both noticed and taken during the discovery period. [ Note 1.] TBMP § 404.01. Thus, it is recommended that a party, which desires to take a discovery deposition on written questions, initiate the procedure early in its discovery period. The question whether to suspend discovery activities unrelated to a proposed discovery deposition on written questions, or to allow other discovery activities to proceed, is a matter left to the Board’s exercise of its discretion to schedule matters before it. [ Note 2.]

NOTES:

 1.   37 CFR § 2.120(a)(3).

 2.   37 CFR § 2.124(d)(2).