(a)Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding. (b)Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply. (c)Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated: Appellate court means United States Court
(a)Form. Uncompelled direct testimony must be submitted in the form of an affidavit. All other testimony, including testimony compelled under 35 U.S.C. 24 , must be in the form of a deposition transcript. Parties may agree to video-recorded testimony, but may not submit such testimony without prior authorization of the Board. In addition, the Board may authorize or require live or video-recorded testimony. (b)Time and location. (1) Uncompelled direct testimony may be taken at any time to support
(a)Complete petition. A petition to institute inter partes review will not be accorded a filing date until the petition satisfies all of the following requirements: (1) Complies with § 42.104 ; (2) Effects service of the petition on the correspondence address of record as provided in § 42.105(a) ; and (3) Is accompanied by the fee to institute required in § 42.15(a) . (b)Incomplete petition. Where a party files an incomplete petition, no filing date will be accorded, and the Office will dismiss the