404.07(b)    Depositions on Written Questions: When Taken

37 CFR § 2.120(a)(3)  ... Discovery depositions must be properly noticed and taken during the discovery period..

Discovery depositions must be both properly 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).