703.02(j) Testimony Depositions on Written Questions Must be Filed
37 C.F.R. § 2.123(h) Depositions must be filed. All depositions which are taken must be duly filed in the Office. On refusal to file, the Office at its discretion will not further hear or consider the contestant with whom the refusal lies; and the Office may, at its discretion, receive and consider a copy of the withheld deposition, attested by such evidence as is procurable.
While the offering of a discovery deposition in evidence is voluntary, all trial testimony depositions that are taken in a Board inter partes proceeding must be filed with the Board, and, when filed, automatically constitute part of the evidentiary record in the proceeding. [ Note 1.] See TBMP § 703.01(l).
See, with respect to making a discovery deposition of record, 37 C.F.R. § 2.120(j) and TBMP § 704.09.
NOTES:
1. See 37 C.F.R. § 2.123(h).