[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.676]

[Page 171-172]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                        Subpart E--Interferences
 
Sec. 1.676  Certification and filing by officer, marking exhibits.

    (a) The officer shall prepare a certified transcript of the 
deposition by attaching to a transcript of the deposition a copy of the 
notice of deposition, any exhibits to be annexed to the certified 
transcript, and a certificate signed and sealed by the officer and 
showing:
    (1) The witness was duly sworn by the officer before commencement of 
testimony by the witness.
    (2) The transcript is a true record of the testimony given by the 
witness.
    (3) The name of the person by whom the testimony was recorded and, 
if not recorded by the officer, whether the testimony was recorded in 
the presence of the officer.
    (4) The presence or absence of any opponent.
    (5) The place where the deposition was taken and the day and hour 
when the deposition began and ended.
    (6) The officer is not disqualified under Sec. 1.674.
    (b) If the parties waived any of the requirements of paragraph (a) 
of this section, the certificate shall so state.
    (c) The officer shall note on the certificate the circumstances 
under which a witness refuses to sign a transcript.
    (d) Unless the parties agree otherwise in writing or on the record 
at the deposition, the officer shall securely seal the certified 
transcript in an envelope endorsed with the style of the interference 
(e.g., Smith v. Jones), the interference number, the name of the 
witness, and the date of sealing and shall promptly forward the envelope 
to BOX INTERFERENCE, Commissioner of Patents and Trademarks, Washington, 
DC 20231. Documents and things

[[Page 172]]

produced for inspection during the examination of a witness, shall, upon 
request of a party, be marked for identification and annexed to the 
certified transcript, and may be inspected and copied by any party, 
except that if the person producing the documents and things desires to 
retain them, the person may:
    (1) Offer copies to be marked for identification and annexed to the 
certified transcript and to serve thereafter as originals if the person 
affords to all parties fair opportunity to verify the copies by 
comparison with the originals or
    (2) Offer the originals to be marked for identification, after 
giving to each party an opportunity to inspect and copy them, in which 
event the documents and things may be used in the same manner as if 
annexed to the certified transcript.

The exhibits shall then be filed as specified in Sec. 1.653(i). If the 
weight or bulk of a document or thing shall reasonably prevent the 
document or thing from being annexed to the certified transcript, it 
shall, unless waived on the record at the deposition by all parties, be 
authenicated by the officer and fowarded to the Commissioner in a 
separate package marked and addressed as provided in this paragraph.

[49 FR 48455, Dec. 12, 1984; 50 FR 23124, May 31, 1985, as amended at 60 
FR 14533, Mar. 17, 1995]