Appeal No. 1999-1393
Application No. 08/242,344
Patent No. 5,643,785 (‘785) are patentable75. 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.
In addition, the Keinanen, McNamara and Sommer ‘90 references relied
upon in the present application to support the rejection under 35 U.S.C. § 103 are
cited on the face of the ‘785 patent as considered.
While the examiner may issue a rejection if appropriate under these
circumstances, a rejection using the rationale set forth above would appear to
require the signature of the Group Director. Compare MPEP ' 2307.02 (7th ed.,
July 1998). We note the Group Director did not sign the examiner’s action.
Generally, appeals on these facts are remanded to provide the examiner an
opportunity to consider the issued patent and determine its effect, if any, on the
issues raised under 35 U.S.C. § 103. However, after considering the facts in this
75 We note that the instant application and Serial No. 08/259,164, now the ‘785
patent share the same parent application. The present application is a continuation
of Serial No. 08/091,440, which is a divisional of Serial No. 07/924,553. ‘785
issued from application Serial No. 08/259,164 which is a continuation of Serial No.
07/924,553.
101
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