Appeal No. 1999-2200
Application No. 08/896,063
III. The EAA5 Subclass:
Appeal No. 1998-0217
Application No. 08/178,019
Claims 35, 37, and 38 are illustrative of the subject matter on appeal and are
reproduced below:
35. A method of assaying a test ligand for the ability to bind to a human CNS
receptor, said method comprising the steps of
(a) incubating a test ligand with:
a genetically engineered cell that produces a high affinity kainate-
binding human EAA5 receptor selected from the group consisting of:
- the human EAA5a receptor encoded by residues 1-888 of
SEQ ID NO:2;
- the human EAA5b receptor encoded by residues 1-888 of
SEQ ID NO:2 wherein residue 321 is arginine; and
- the human EAA5c receptor encoded by residues 1-838 of
SEQ ID NO:2 followed by two proline residues;
said cell having incorporated expressibly therein a heterologous
DNA molecule encoding a human EAA5 receptor or, a membrane
preparation derived from said cell, wherein said incubation is
performed under conditions which permit binding of said test ligand
with said human EAA5 receptor; and
(b) determining the extent of binding between said test ligand and said
human EAA5 receptor by comparison with kainate-binding to said
EAA5 receptor.
37. The method of claim 35, wherein said cell is a mammalian cell.
38. The method of claim 37, wherein said test ligand is incubated with
said membrane preparation derived from said human EAA5-producing cell.
GROUNDS OF REJECTION
Claims 35, 37, and 38 are rejected under 35 U.S.C. § 103 as being
unpatentable over Bettler in view of Puckett.
Claims 35, 37, and 38 are rejected under 35 U.S.C. § 103 as being
unpatentable over Werner in view of Heinemann and Puckett.
We reverse.
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