Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 93


                  Appeal No.  1999-2200                                                                                    
                  Application No.  08/896,063                                                                              
                  2555, Materials and Methods) a human placental DNA library was screened for                              
                  GluR1-4 by hybridization to radiolabeled probes of rat GluR1-4 cDNA.  McNamara                           
                  (page 2556, Results) reports the isolation of cosmid clones containing portions of                       
                  the putative human GluR genes by hybridization under stringent conditions with the                       
                  homologous cDNA obtained from rat, and that “[u]nder these conditions, the cosmid                        
                  clones hybridized to radiolabeled cDNA of mainly one GluR cDNA.”  McNamara                               
                  (page 2556, Results) further reports that “[i]n every instance, the homology of the                      
                  human GluR sequence was higher with its respective rat cDNA than with rat cDNAs                          
                  encoding other GluRs.”  This data is illustrated in Table 1 (page 2557).  McNamara                       
                  states (page 2557, Discussion) “[t]he results of selective hybridization and partial                     
                  sequence analysis support the conclusion that the genomic clones isolated                                
                  represent human homologs corresponding to rat GluR1-4.”  McNamara does not                               
                  teach a nucleotide or amino acid sequence of GluR4.  Additionally, McNamara                              
                  does not teach a GluR4B receptor.                                                                        
                         However, Sommer ’90 is cited by the examiner for teaching flip and flop                           
                  forms of GluRA-D.  We note that McNamara (page 2555, column 2) recognizes a                              
                  correspondence between the nomenclature of human GluR1-4 and rat GluRA-D.                                
                  Thus rat GluRD corresponds to human GluR4.  We also note that Sommer ’90 teach                           
                  (Figure 1, page 1581) the “complete nucleotide sequences encoding the flop-                              
                  containing polypeptides are deposited at EMBL/GenBank under accession                                    
                  numbers … M36421 (GluR-D) and the corresponding flip versions under …                                    
                  M38063 (GluR-D).”                                                                                        



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