404.07(b) Depositions on Written Questions: When Taken
37 C.F.R. § 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, that 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:
2. Cf. 37 C.F.R. § 2.124(d)(2) (Board "shall" suspend for testimonial deposition on written questions).