Appeal No. 1997-3221
Application No. 08/249,241
Appeal No. 1996-3140
Application No. 08/164,487
Claims 1, 8, 9 and 15 are illustrative of the subject matter on appeal and are
reproduced below:
1. An isolated polynucleotide comprising a nucleotide sequence that codes
for a human NMDAR1, wherein said NMDAR1 has the sequence of
amino acids 1-867 of SEQ ID NO:2 with none to as many as 6 amino
acid substitutions.
8. A process for obtaining a human EAA receptor in substantially
homogeneous form, which comprises the steps of culturing cells having
incorporated expressibly therein a polynucleotide as defined in claim 1,
and then recovering the cultured cells.
9. A process according to claim 8, comprising the subsequent step of
obtaining a membrane preparation from the cultured cells.
15. An oligonucleotide comprising at least 17 nucleic acids which hybridizes
under stringent conditions with a polynucleotide defined in claim 1.
GROUNDS OF REJECTION78
Claim 15 is rejected under 35 U.S.C. § 112 second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter
which applicant regards as the invention. Specifically, the examiner recommends
changing the phrase “nucleic acids” to -- nucleotide bases --.
Claim 15 is rejected under 35 U.S.C. § 102(b) as being anticipated by the
cDNA that was described in Figure 2 on page 33 of Moriyoshi.
78 Rejections not referred to in Answer are assumed to have been withdrawn. Ex
parte EMM, 118 USPQ 180, 181 (Bd. Pat. App. & Int. 1958). Accordingly, we note
the examiner withdrew the provisional rejection of claims 1-11 and 15 under 35
U.S.C. § 101, the rejection of claim 11 under 35 U.S.C. § 112, first paragraph, and
the rejection of claim 3 under 35 U.S.C. § 112, second paragraph.
104
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