Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 14


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

                          With regard to the examiner’s approach, we note that the instant application                          
                  is a divisional application of Application No. 07/989,793, now abandoned.  We                                 
                  further note, United States Patent No. 5,547,855 (‘855) is a continuation of                                  
                  07/989,793, and United States Patent No. 6,018,023 (‘023) is a continuation of                                
                  ‘855.  It appears that the examiner’s rejection of the claims in the present                                  
                  application under 35 U.S.C.  103 is inconsistent with the determination that claims                          
                  1, 8 and 17 of ‘855 are patentable, and claim 1 of ‘023 is patentable.  Claims 1, 8                           
                  and 17 of the ‘855 patent read as follows:                                                                    
                          1. An isolated and purified polynucleotide that codes for a kainate- binding                          
                              human EAA3 receptor selected from the groups consisting of: a human                               
                              EAA3c receptor having the amino acid sequence of residues 1-836 of                                
                              SEQ ID NO:17, a human EAA3c receptor having the amino acid                                        
                              sequence of SEQ ID NO:17, a human EAA3d receptor having the amino                                 
                              acid sequence of residues 31-848 of SEQ ID NO:18 and a human                                      
                              EAA3d receptor having the amino acid sequence of SEQ ID NO: 18.                                   
                          8. A transformed cell having incorporated expressibly therein a                                       
                              heterologous polynucleotide as defined in claim 1, whereby said cell                              
                              produces said EAA3c or said EAA3d receptor.                                                       
                          17.  A membrane-containing preparation derived from a cell as defined in                              
                              claim 8, wherein said preparation comprises said human EAA3c or                                   
                              human EAA3d receptor.                                                                             
                  Claim 1 of the ‘023 patent reads as follows:                                                                  
                          1. A human EAA3 receptor in a form essentially free from other proteins of                            
                              human origin, selected from the group consisting of:                                              
                                 a human EAA3a protein having the sequence of amino acids 1-875 of                              
                                 SEQ ID NO: 2; and                                                                              
                                 a human EAA3b protein having the sequence of amino acids 1-875 of                              
                                 SEQ ID NO: 2 in which the amino acid residue at position 639 has                               
                                 been replaced by asparagine.                                                                   






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