Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 46


                  Appeal No.  1997-3221                                                                                       
                  Application No.  08/249,241                                                                                 

                  THE AMPA CLASS OF GLUTAMATE RECEPTORS                                                                       
                  I.     The GLUR1 Subclass:                                                                                  
                                                  Appeal No. 1997-3377                                                        
                                                Application No. 08/216,326                                                    
                  Claims 31, 34 and 39 are illustrative of the subject matter on appeal and are                               
                  reproduced below:                                                                                           
                         31. 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 said test ligand with:                                                           
                                        (i)     a genetically engineered cell that produces an AMPA-                          
                                                binding human receptor GluR1B having the amino acid                           
                                                sequence of residues 1-888 of SEQ ID NO:2, said cell                          
                                                having incorporated expressibly therein a heterologous                        
                                                DNA molecule encoding the human GluR1B, said cell                             
                                                further comprising a membrane, wherein said                                   
                                                membrane comprises said human GluR1B, or                                      
                                        (ii)    a membrane preparation comprising human GluR1B                                
                                                derived from said cell,                                                       
                                 wherein said incubation is performed under conditions which permit                           
                                 binding of said test ligand with said human GluR1B; and                                      
                                 (b) determining the extent of binding between said test ligand and                           
                                     said human GluR1B.                                                                       
                              34. The method of claim 33, wherein said test ligand is incubated with                          
                                   said membrane preparation derived from said human GluR1B-                                  
                                   producing cell.                                                                            
                              39. The method of claim 31, wherein said cell comprises a 3.2 kilobase                          
                                   EcoR1/EcoR1 fragment of the plasmid pBS/human GluR1B (ATCC                                 
                                   75246).                                                                                    
                  GROUNDS OF REJECTION                                                                                        
                         Claims 31, 33, 34 and 37-40 are rejected under 35 U.S.C. § 103 over                                  
                  Puckett in view of Cutting.                                                                                 
                         We reverse.                                                                                          
                  Claim 31:                                                                                                   

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