Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 11


                  Appeal No.  1999-2200                                                                                         
                  Application No.  08/896,063                                                                                   

                  THE KAINATE CLASS OF GLUTAMATE RECEPTORS                                                                      
                  I.      The EAA3C & EAA3D Subclass:                                                                           
                                                  Appeal No. 1999-035028                                                        
                                                 Application No. 08/189,738                                                     
                          Claim 23 is illustrative of the subject matter on appeal and is reproduced                            
                  below:                                                                                                        
                          23. A method of assaying a test ligand for binding to a human CNS                                     
                               receptor, which comprises the steps of incubating the test ligand under                          
                               appropriate conditions with a human EAA-3 receptor-producing cell or                             
                               with a membrane preparation derived therefrom which contains said                                
                               EAA3 receptor and then determining the extent of binding between the                             
                               human EAA3 receptor and the test ligand, wherein said cell has been                              
                               engineered genetically to produce a kainate-binding human EAA                                    
                               receptor having incorporated expressibly therein a heterologous DNA                              
                               molecule that codes for a human EAA3 receptor selected from the group                            
                               consisting of: a human EAA3a receptor having the amino acid sequence                             
                               of SEQ ID NO:2, a human EAA3b receptor having the amino acid                                     
                               sequence of SEQ ID NO:2 with the exception that the amino acid at                                
                               position 639 is asparagine instead of aspartate, a human EAA3c                                   
                               receptor having the amino acid sequence of SEQ ID NO:17, and a                                   
                               human EAA3d receptor having the amino acid sequence of SEQ ID                                    
                               NO:18.                                                                                           













                                                                                                                                
                  28 We recognize appellants’ request (Paper No. 25, received May 5, 1997) for oral                             
                  hearing in this appeal.  However, in our review of this appeal we find a hearing is not                       
                  necessary.  37 CFR  1.194(c).  Accordingly, we make our decision on brief.                                   

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