Appeal No. 1997-3221
Application No. 08/249,241
With regard to the examiner’s approach, we note that the instant application
is a divisional application of Application No. 07/989,793, now abandoned. We
further note, United States Patent No. 5,547,855 (‘855) is a continuation of
07/989,793, and United States Patent No. 6,018,023 (‘023) is a continuation of
‘855. It appears that the examiner’s rejection of the claims in the present
application under 35 U.S.C. § 103 is inconsistent with the determination that claims
1, 8 and 17 of ‘855 are patentable, and claim 1 of ‘023 is patentable. Claims 1, 8
and 17 of the ‘855 patent read as follows:
1. An isolated and purified polynucleotide that codes for a kainate- binding
human EAA3 receptor selected from the groups consisting of: a human
EAA3c receptor having the amino acid sequence of residues 1-836 of
SEQ ID NO:17, a human EAA3c receptor having the amino acid
sequence of SEQ ID NO:17, a human EAA3d receptor having the amino
acid sequence of residues 31-848 of SEQ ID NO:18 and a human
EAA3d receptor having the amino acid sequence of SEQ ID NO: 18.
8. A transformed cell having incorporated expressibly therein a
heterologous polynucleotide as defined in claim 1, whereby said cell
produces said EAA3c or said EAA3d receptor.
17. A membrane-containing preparation derived from a cell as defined in
claim 8, wherein said preparation comprises said human EAA3c or
human EAA3d receptor.
Claim 1 of the ‘023 patent reads as follows:
1. A human EAA3 receptor in a form essentially free from other proteins of
human origin, selected from the group consisting of:
a human EAA3a protein having the sequence of amino acids 1-875 of
SEQ ID NO: 2; and
a human EAA3b protein having the sequence of amino acids 1-875 of
SEQ ID NO: 2 in which the amino acid residue at position 639 has
been replaced by asparagine.
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