Ex parte WEINBERGER - Page 4



              Appeal No. 95-2319                                                                                        
              Application 07/812,880                                                                                    

              quantities of the receptor, the virus further comprise DNA which encode the functional                    
              hormone or hormone-like receptor.  Applicant explains that the host cells remain viable and               
              produce measurable amounts of reporter molecule, upon induction of the hormone                            
              response element by successful ligand complex formation, when a successful ligand                         
              material is tested.                                                                                       
                                                     Discussion:                                                        

                                                       Claims:                                                          

                     Claim 1 is directed to a bioassay for identifying compounds which function as                      
              ligands for functional receptor proteins comprising culturing mammalian cells, which have                 
              been infected with recombinant virus, in a medium containing the test compound or                         
              compounds.  The recombinant virus comprise DNA which encode an operative hormone                          
              response element operatively linked to DNA encoding reporter.  The cultured cells are                     
              monitored for expression of the reporter, which is indicative of the ability of the compound              
              being tested to act as a ligand for the receptor peptide.  Claim 2 is directed to a bioassay              
              wherein the mammalian host cells are co-infected with recombinant virus comprising DNA                    
              encoding the functional receptor and DNA encoding a hormone response element                              
              operatively linked to a DNA encoding reporter.                                                            
                                       The rejections under 35 U.S.C. § 103                                             

              Claims 1-3, 9, 15, 16, and 21:                                                                            

                     Claims 1-3, 9, 15, 16, and 21 stand rejected under 35 U.S.C. § 103 as obvious                      
              over Evans in view of Stryer.                                                                             

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