Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 61


                  Appeal No.  1997-3221                                                                                       
                  Application No.  08/249,241                                                                                 
                                                 Appeal No. 1999-211851                                                       
                                                Application No. 08/439,946                                                    
                         Claims 22 and 31 are illustrative of the subject matter on appeal52 and are                          
                  reproduced below:                                                                                           
                         22. A method of assaying interaction between a test ligand and a human                               
                              CNS receptor, which comprises the steps of incubating the test ligand                           
                              under appropriate conditions with a cellular host having incorporated                           
                              expressibly therein a heterologous polynucleotide that encodes human                            
                              GluR2B comprising the amino acid sequence of amino acids 1-863 of                               
                              SEQ ID NO:2, or with a membrane preparation derived from said                                   
                              cellular host, and determining the extent of interaction between the                            
                              human GluR2B and the test ligand.                                                               
                         31. A method according to claim 22, wherein said cellular host is a                                  
                              mammalian cell.                                                                                 
                  GROUNDS OF REJECTION                                                                                        
                         Claims 22, 32 and 34-40 are rejected under 35 U.S.C. § 103 as being                                  
                  unpatentable over Heinemann in view of Puckett and Sun.                                                     
                         Claims 31 and 33 are rejected under 35 U.S.C. § 103 as being unpatentable                            
                  over Heinemann, Puckett and Sun as applied to claims 22, 32 and 34-40 above                                 
                  and further in view of Cutting.                                                                             
                         We reverse.                                                                                          







                                                                                                                              
                  51 We recognize appellants’ request (Paper No. 39, received May 18, 1999)  for                              
                  oral hearing in this appeal.  However, in our review of this appeal we find a hearing                       
                  is not necessary.  37 CFR § 1.194(c).  Accordingly, we make our decision on brief.                          
                  52 We note the examiner’s statement (Answer, page 2) regarding the errors                                   
                  contained in appellants’ Appendix of claims.                                                                

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