Appeal No. 1997-0791
Application No. 08/172,332
acid sequence and a DNA sequence encoding GluR1 (Fig. 1). Heinemann does not
describe the specific human glutamate receptor DNA sequence claimed.
Grandy, Gerard and Zhou are relied on by the examiner for their disclosure of the
isolation of human neuroreceptor genes (D2 dopamine receptor, neurokinin A receptor
and D1 dopamine receptor, respectively), allegedly showing that isolated human genes
have a high nucleotide sequence identity to mammalian species homologs, thus providing
a reasonable expectation of success of isolating the human homolog of the rat glutamate
receptor gene. Berger is relied on generally for its disclosure of recombinant DNA
methods for the isolation and expression of genes for a protein of interest.
The examiner surmises that “one of ordinary skill in the art would have a
reasonable expectation of success of isolating the human homolog of the rat gene of
Heinemann et al. by using the GluR1 clone [of Heinemann] as a probe to isolate a full
length clone of HSGluR1 by recombinant DNA methods such as those taught by Berger, et
al.” Examiner’s Answer, page 4.
Likewise, Claim 5 stands rejected under 35 U.S.C. § 103 as obvious over Puckett
in view of Heinemann and Sommer.
Puckett describes the isolation of human cDNA’s encoding a human glutamate
receptor using oligonucleotide probes derived from rat brain GluR1. Puckett states that
the DNA sequence of the human glutamate receptor (GluH1) would encode a 907-amino
5
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