Appeal No. 1997-3221
Application No. 08/249,241
Appeal No. 1999-1377
Application No. 08/264,578
Claim 14 is illustrative of the subject matter on appeal and is reproduced
below:
14. A method of assaying a candidate ligand for interaction with a human
NR3 protein selected from the group consisting of:
NR3-1 having the amino acid sequence of SEQ ID NO:2; and
NR3-2 having the amino acid sequence of SEQ ID NO:2 with the
exception that the serine residue at position 407 is an asparagine
residue,
which comprises the steps of incubating the candidate ligand under
appropriate conditions with a cell having incorporated expressibly
therein a heterologous polynucleotide encoding said NR3 protein, or
with a membrane preparation derived therefrom, and then determining
the extent of binding between the human NR3 protein and the candidate
ligand.
GROUNDS OF REJECTION82
Claim 21 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 appellants regard as the invention. Particularly, sections b), c) and d) of this
claim reference a modified amino acid sequence, wherein amino acids are
replaced by amino acids encoded by the nucleotides of a second sequence.
Claims 14 and 15 are rejected under 35 U.S.C. § 103 as being unpatentable
over Monyer in view of Puckett, Schofield and Grenningloh.
82 We note the examiner made a new ground of rejection over claim 21 in the
Examiner’s Answer.
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