524.01    In General

Fed. R. Civ. P. 36(a)(3) Time to Respond; Effect of Not Responding.

A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.

Fed. R. Civ. P. 36(a)(6) Motion Regarding the Sufficiency of an Answer or Objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. ...

37 CFR § 2.120(h)   Request for admissions.

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  • (2) When a party files a motion to determine the sufficiency of an answer or objection to a request for an admission, the case will be suspended by the Board with respect to all matters not germane to the motion. After filing and service of the motion, no party should file any paper which is not germane to the motion, except as otherwise specified in the Board’s suspension order. Nor may any party thereafter serve any additional discovery until the period of suspension is lifted or expires by or under order of the Board. The filing of a motion to determine the sufficiency of an answer or objection to a request for admission shall not toll the time for a party to comply with any disclosure requirement or to respond to any outstanding discovery requests or to appear for any noticed discovery deposition.

If a propounding party is dissatisfied with a responding party’s answer or objection to a request for admission, and wishes to obtain a ruling on the sufficiency thereof, the propounding party may file a motion with the Board to determine the sufficiency of the response. [ Note 1.] Cf. TBMP § 523.01 (Motion to Compel Discovery – In General).

If the Board, upon motion to test the sufficiency of a response to a request for admission, determines that an answer does not comply with the requirements of Fed. R. Civ. P. 36(a), it may order either that the matter is deemed admitted or that an amended answer be served. If the Board determines that an objection is not justified, it will order that an answer be served. [ Note 2.]

Generally, if there is an admission or a denial, the Board will not find the response to be insufficient even if the responding party included an explanation or clarification of the admission or denial, or admitted after first denying. [ Note 3.] If no response is timely served to a request for admission, the matter is automatically deemed admitted, and no motion is necessary. [ Note 4.] See TBMP § 525 and TBMP § 527.01(d) for further discussion.

NOTES:

 1.   See 37 CFR § 2.120(h); Fed. R. Civ. P. 36(a); Volkswagenwerk Aktiengesellschaft v. Ridewell Corp., 188 USPQ 690, 691 (TTAB 1975); Watercare Corp. v. Midwesco-Enterprise, Inc., 171 USPQ 696, 697 n.7 (TTAB 1971). Cf. 37 CFR § 2.120(e).

 2.   Fed. R. Civ. P. 36(a).

 3.   Cf. Fed. R. Civ. P. 36(a)(4 – 6) Advisory Committee Notes (1970 amendment) regarding improper responses which may be considered effective admissions.

 4.   Fed. R. Civ. P. 36(a)(3).