Appeal No. 95-2319
Application 07/812,880
Logan et al. (Logan), "Adenovirus tripartite leader sequence enhances translation of
mRNAs late after infection", Proc. Natl. Acad. Sci. USA, vol. 81, pages 3655-3659 (June
1984).
Grounds of Rejection
Claims 1-3, 9, 15, 16, and 21 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies on Evans and Stryer.
Claim 4 stands rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies on Evans, Stryer and Shackleford.
Claim 5 stands rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies on Evans, Stryer, and Piccini.
Claims 5-8 and 17-21 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies on Evans, Stryer, and Jones.
Claims 10-13 stands rejected under 35 U.S.C. § 103. As evidence of obviousness,
the examiner relies on Evans, Stryer, and Logan.
We reverse.
BACKGROUND
At page 4 of the specification, the applicant describes the invention as relating to
improvements in a bioassay for identifying and measuring materials having ligand activity
toward hormone or hormone-like receptor polypeptides, wherein virally infected host cells
are cultured in the presence of a test compound or compounds. The virus is said to
comprise DNA encoding a reporter molecule operatively linked to the appropriate,
corresponding hormone response element DNA. Where the host cells lack endogenous
3
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