Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 39


                  Appeal No.  1999-2200                                                                                       
                  Application No.  08/896,063                                                                                 
                                                  Appeal No. 1999-0399                                                        
                                                Application No. 08/377,503                                                    
                         Claim 140 is illustrative of the subject matter on appeal41 and is reproduced                        
                  below:                                                                                                      
                         1. An isolated polynucleotide that codes for a kainate-binding human EAA5                            
                             receptor, wherein said receptor is:                                                              
                                 the human EAA5a receptor having the amino acid sequence of                                   
                                 residues 1-888 of SEQ ID NO:2;                                                               
                                 the human EAA5b receptor having the amino acid sequence of                                   
                                 residues 1-888 of SEQ ID NO:2 except that residue 321 is arginine;                           
                                 or                                                                                           
                                 the human EAA5c receptor having the amino acid sequence of                                   
                                 residues 1-838 of SEQ ID NO:2 followed by Pro-Pro.                                           
                         Claim 10 is limited to a recombinant DNA construct, wherein said construct                           
                  is plasmid pcDNAI/humEAA5a (ATCC 75296).  Claim 17 is limited to a membrane                                 
                  preparation derived from a cell transfected with a heterologous DNA that encodes                            
                  for EAA5a, EAA5b or EAA5c as described in claim 1 with the exception that the                               
                  EAA5c receptor instead of followed by two proline residues instead of the specific                          
                  “Pro-Pro” sequence of defined in claim 1.                                                                   








                                                                                                                              
                  40 Claim 1 was amended after final (Paper No. 36, received July 14, 1997).  The                             
                  above reproduction of claim 1 includes this amendment.                                                      
                  41 We note the examiner’s clarification (Answer, page 4) of applicants’ Appendix of                         
                  appealed claims wherein the examiner states that “line 2 of claim 10, “7” should be                         
                  replaced with “9”.                                                                                          

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