Appeal No. 2000-1779 Application No. 08/473,204 III. The EAA5 Subclass: Appeal No. 1998-0217 Application No. 08/178,019 Claims 35, 37, and 38 are illustrative of the subject matter on appeal and are reproduced below: 35. A method of assaying a test ligand for the ability to bind to a human CNS receptor, said method comprising the steps of (a) incubating a test ligand with: a genetically engineered cell that produces a high affinity kainate- binding human EAA5 receptor selected from the group consisting of: - the human EAA5a receptor encoded by residues 1-888 of SEQ ID NO:2; - the human EAA5b receptor encoded by residues 1-888 of SEQ ID NO:2 wherein residue 321 is arginine; and - the human EAA5c receptor encoded by residues 1-838 of SEQ ID NO:2 followed by two proline residues; said cell having incorporated expressibly therein a heterologous DNA molecule encoding a human EAA5 receptor or, a membrane preparation derived from said cell, wherein said incubation is performed under conditions which permit binding of said test ligand with said human EAA5 receptor; and (b) determining the extent of binding between said test ligand and said human EAA5 receptor by comparison with kainate-binding to said EAA5 receptor. 37. The method of claim 35, wherein said cell is a mammalian cell. 38. The method of claim 37, wherein said test ligand is incubated with said membrane preparation derived from said human EAA5-producing cell. GROUNDS OF REJECTION Claims 35, 37, and 38 are rejected under 35 U.S.C. § 103 as being unpatentable over Bettler in view of Puckett. Claims 35, 37, and 38 are rejected under 35 U.S.C. § 103 as being unpatentable over Werner in view of Heinemann and Puckett. We reverse. 30Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NextLast modified: November 3, 2007