Appeal No. 1999-1393
Application No. 08/242,344
the fact that a nucleic acid encoding human GluR-D
could be detected by employing a nucleic acid probe
encoding all or part of rat GluR-D, that artisan had more
than a reasonable expectation of successfully isolating
cDNAs encoding human flip and flop GluR-Ds.
The examiner’s position is that once isolated by the combined teachings of
McNamara and Sommer ‘90, the GluR4B cDNA could be placed in a suitable
vector for expression in a host cell from which a membrane preparation as claimed
could be derived. However, the examiner’s rejection hinges on the rationale that it
would be obvious to obtain a GluR4B cDNA.
With regard to the examiner’s position, we note that the instant application is
a divisional application of Serial No. 08/259,164, now United States Patent No.
5,643,785 (‘785). It appears that the examiner’s rejection of claim 31 in the present
application under 35 U.S.C. § 103 is inconsistent with the determination that claims
1, 4 and 8 of ‘785 are patentable. Claims 1, 4 and 8 of the ‘785 patent read as
follows:
1. An isolated polynucleotide that encodes an AMPA-binding human
GluR4B receptor having the sequence of amino acid residues 1-881 of
SEQ ID NO:2.
4. A recombinant DNA vector comprising a polynucleotide that encodes an
AMPA-binding human GluR4B receptor having the sequence of amino
acid residues 1-881 of SEQ ID NO:2.
8. A mammalian cell genetically engineered to produce GluR4B receptor,
said cell containing a heterologous polynucleotide that encodes an
AMPA-binding human GluR4B receptor having the sequence of amino
acid residues 1-881 of SEQ ID NO:2.
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