[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: 37CFR10.63]

[Page 358-359]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.63  Withdrawal when the practitioner becomes a witness.

    (a) If, after undertaking employment in a proceeding in the Office, 
a practitioner learns or it is obvious that the practitioner or another 
practitioner in the practitioner's firm ought to sign an affidavit to be 
filed in the Office or be

[[Page 359]]

called as a witness on behalf of a practitioner's client, the 
practitioner shall withdraw from the conduct of the proceeding and the 
practitioner's firm, if any, shall not continue representation in the 
proceeding, except that the practitioner may continue the representation 
and the practitioner or another practitioner in the practitioner's firm 
may testify in the circumstances enumerated in paragraphs (1) through 
(4) of Sec. 10.62(b).
    (b) If, after undertaking employment in a proceeding before the 
Office, a practitioner learns or it is obvious that the practitioner or 
another practitioner in the practitioner's firm may be asked to sign an 
affidavit to be filed in the Office or be called as a witness other than 
on behalf of the practitioner's client, the practitioner may continue 
the representation until it is apparent that the practitioner's 
affidavit or testimony is or may be prejudicial to the practitioner's 
client.