Appeal No. 1997-0791
Application No. 08/172,332
Answer (Paper No. 19, mailed September 4, 1996) for the examiner's complete reasoning
in support of the rejection, and to the appellants’ Brief (Paper No. 18, filed February 20,
1996) and Reply Brief (Paper No. 20, filed November 6, 1996) for the appellants’
arguments thereagainst. As a consequence of our review, we make the determinations
which follow.
BACKGROUND
The claimed invention relates to a specific DNA compound encoding a glutamate
receptor having a DNA sequence as defined by SEQ ID NO:2. L-glutamate serves as a
major excitory neurotransmitter. The interaction of glutamate with its membrane-bound
receptor is believed to play a role in many important neuronal processes, including fast
synaptic transmission, synaptic plasticity and long-term potentiation, which are
fundamental to the maintenance of life and normal human abilities such as learning and
memory. Specification, page 1, lines 5-13. L-glutamate and its receptors is believed to
play a role in many neurological disorders such as stroke, epilepsy, and head trauma, as
well as neurodegenerative processes such as Alzheimer’s disease. Specification page 2,
lines 34-38.
It is well understood that DNAs consist of four different nucleotides containing the
nitrogenous bases adenine, guanine, cytosine, and thymine. A sequential grouping of
three such nucleotides (a "codon") codes for one amino acid. A DNA's sequence of
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