Ex parte KAMBOJ et al.; Ex parte NUTT; Ex parte FOLDES et al. - Page 30


                           Appeal No.  1999-1393                                                                                                                                            
                           Application No.  08/242,344                                                                                                                                      
                           III.       The EAA5 Subclass:                                                                                                                                    
                                                                           Appeal No. 1998-0217                                                                                             
                                                                        Application No. 08/178,019                                                                                          
                                      Claims 35, 37, and 38 are illustrative of the subject matter on appeal and are                                                                        
                           reproduced below:                                                                                                                                                
                                      35. 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 a test ligand with:                                                                                                             
                                                   a genetically engineered cell that produces a high affinity kainate-                                                                     
                                                   binding human EAA5 receptor selected from the group consisting of:                                                                       
                                                       - the human EAA5a receptor encoded by residues 1-888 of                                                                              
                                                            SEQ ID NO:2;                                                                                                                    
                                                       - the human EAA5b receptor encoded by residues 1-888 of                                                                              
                                                            SEQ ID NO:2 wherein residue 321 is arginine; and                                                                                
                                                       - the human EAA5c receptor encoded by residues 1-838 of                                                                              
                                                            SEQ ID NO:2 followed by two proline residues;                                                                                   
                                                   said cell having incorporated expressibly therein a heterologous                                                                         
                                                   DNA molecule encoding a human EAA5 receptor or, a membrane                                                                               
                                                   preparation derived from said cell, wherein said incubation is                                                                           
                                                   performed under conditions which permit binding of said test ligand                                                                      
                                                   with said human EAA5 receptor; and                                                                                                       
                                             (b) determining the extent of binding between said test ligand and said                                                                        
                                                   human EAA5 receptor by comparison with kainate-binding to said                                                                           
                                                   EAA5 receptor.                                                                                                                           
                           37.   The method of claim 35, wherein said cell is a mammalian cell.                                                                                             
                                      38.  The method of claim 37, wherein said test ligand is incubated with                                                                               
                                      said membrane preparation derived from said human EAA5-producing cell.                                                                                
                           GROUNDS OF REJECTION                                                                                                                                             
                                      Claims 35, 37, and 38 are rejected under 35 U.S.C. § 103 as being                                                                                     
                           unpatentable over Bettler in view of Puckett.                                                                                                                    
                                      Claims 35, 37, and 38 are rejected under 35 U.S.C. § 103 as being                                                                                     
                           unpatentable over Werner in view of Heinemann and Puckett.                                                                                                       
                                      We reverse.                                                                                                                                           

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