Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 101


                  Appeal No.  1999-2200                                                                                      
                  Application No.  08/896,063                                                                                
                  Patent No. 5,643,785 (‘785) are patentable75.  Claims 1, 4 and 8 of the ‘785 patent                        

                  read as follows:                                                                                           
                         1. An isolated polynucleotide that encodes an AMPA-binding human                                    
                             GluR4B receptor having the sequence of amino acid residues 1-881 of                             
                             SEQ ID NO:2.                                                                                    
                         4. A recombinant DNA vector comprising a polynucleotide that encodes an                             
                             AMPA-binding human GluR4B receptor having the sequence of amino                                 
                             acid residues 1-881 of SEQ ID NO:2.                                                             
                         8. A mammalian cell genetically engineered to produce GluR4B receptor,                              
                             said cell containing a heterologous polynucleotide that encodes an                              
                             AMPA-binding human GluR4B receptor having the sequence of amino                                 
                             acid residues 1-881 of SEQ ID NO:2.                                                             
                         In addition, the Keinanen, McNamara and Sommer ‘90 references relied                                
                  upon in the present application to support the rejection under 35 U.S.C. § 103 are                         
                  cited on the face of the ‘785 patent as considered.                                                        
                         While the examiner may issue a rejection if appropriate under these                                 
                  circumstances, a rejection using the rationale set forth above would appear to                             
                  require the signature of the Group Director.  Compare MPEP ' 2307.02 (7th ed.,                             

                  July 1998).  We note the Group Director did not sign the examiner’s action.                                
                         Generally, appeals on these facts are remanded to provide the examiner an                           
                  opportunity to consider the issued patent and determine its effect, if any, on the                         
                  issues raised under 35 U.S.C. § 103.  However, after considering the facts in this                         


                                                                                                                             
                  75  We note that the instant application and Serial No. 08/259,164, now the ‘785                           
                  patent share the same parent application.  The present application is a continuation                       
                  of Serial No. 08/091,440, which is a divisional of Serial No. 07/924,553.  ‘785                            
                  issued from application Serial No. 08/259,164 which is a continuation of Serial No.                        
                  07/924,553.                                                                                                

                                                            101                                                              



Page:  Previous  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  Next 

Last modified: November 3, 2007