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§ 1.651 Setting times for discovery and taking testimony, parties entitled to take testimony. - PATENT RULES
§ 1.651 Setting times for discovery and taking testimony, parties entitled to take testimony.
(a) At an appropriate stage in an interference, an administrative patent judge shall set a time for filing motions (§ 1.635) for additional discovery under § 1.687(c) and testimony periods for taking any necessary testimony.
(b) Where appropriate, testimony periods will be set to permit a party to:
(1) Present its case-in-chief and/or case-in-rebuttal and/or
(2) Cross-examine an opponent's case-in-chief and/or a case-in-rebuttal.
(c) A party is not entitled to take testimony to present a case-in-chief unless:
(1) The administrative patent judge orders the taking of testimony under § 1.639(c);
(2) The party alleges in its preliminary statement a date of invention prior to the effective filing date of the senior party;
(3) A testimony period has been set to permit an opponent to prove a date of invention prior to the effective filing date of the party and the party has filed a preliminary statement alleging a date of invention prior to that date; or
(4) A motion (§ 1.635) is filed showing good cause why a testimony period should be set.
(d) Testimony, including any testimony to be taken in a place outside the United States, shall be taken and completed during the testimony periods set under paragraph (a) of this section. A party seeking to extend the period for taking testimony must comply with §§ 1.635 and 1.645(a).
[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; paras. (a) and (d), 56 FR 42528, Aug. 28, 1991, effective Sept. 27, 1991; 56 FR 46823, Sept. 16, 1991; paras. (a) (c)(1)-(c)(3) & (d) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]
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