Appeal No. 1999-1393
Application No. 08/242,344
4q25-34.3.
At this point we find that under high stringency hybridization conditions, a
probe for GluR1 cross-reacts with GluR2. Little more is provided in Sun, other than
the “note” at page 1447 which states “[a]fter submission of this manuscript a paper
[referring to Puckett] appeared reporting …GluH1. This cDNA shows differences
with HBGR1 … in a region corresponding to the alternatively spliced exon identified
in the rodent clones by Sommer [‘92]… and designated as flip and flop forms of
GluR1.” So not only is there cross-reactivity between the receptors, there is also the
possibility of alternative splicing events.
Puckett, relied upon by the examiner (Answer, page 5) to teach isolation of
human GluR1, teaches the use of a reduced stringency hybridization (bridging
paragraph pages 7557-558). Furthermore, Puckett also teaches the existence of
alternative splicing events (page 7560, column 1), later confirmed by Sun’s “note,”
supra.
The examiner relies upon Heinemann to teach GluR2 (Answer, page 4). We
note Heinemann’s Example 8 (page 27) which teaches “cDNA clones encoding the
GluR2 and GluR3 genes were isolated from an adult rat forebrain library using a
low-stringency hybridization screening protocol … and a radiolabeled fragment of
the GluR1 cDNA as a probe.”
Thus a GluR1 probe cross-reacts with GluR2 and GluR3. Heinemann further
teaches that a GluR2 probe cross-reacts with GluR4 and GluR5 (Heinemann,
Example 14, page 33).
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