Appeal No. 1997-3221
Application No. 08/249,241
rat GluR6 receptor subunit was found by the examiner to be 99.5% identical to the
amino acid sequence of the receptor subunit of the appealed claims. The examiner
references (Answer, bridging paragraph, pages 4-5) Sun and Puckett for a
description of the isolation of a DNA encoding human homolog of the rat GluR1.
The examiner further references (Answer, page 6) Puckett for the teaching
that “[t]he extreme conservation between the human and rat kainate receptor
subunits suggest that a similar gene family will encode human kainate receptors.”
While the claims on appeal are drawn to “[a] method of detecting interaction”
using a human EAA4 (having a specific SEQ ID NO.) receptor-producing cell. It is
obviously essential to the examiner’s rejection that a cDNA encoding the EAA4a or
4b receptor must first be successfully isolated. Once isolated the cDNA is used to
engineer a cell to express the receptor, and then the claimed method can be
performed.
With regard to the examiner’s approach, we note that the instant application
is a divisional application of Application No. 07/903,456, now United States Patent
No. 5,574,144 (‘144). 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 at least claims 1, 3, 15, 16 and 18 of ‘144 are patentable.
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