Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 104


                  Appeal No.  1999-2200                                                                                      
                  Application No.  08/896,063                                                                                
                                                  Appeal No. 1996-3140                                                       
                                               Application No. 08/164,487                                                    
                         Claims 1, 8, 9 and 15 are illustrative of the subject matter on appeal and are                      
                  reproduced below:                                                                                          
                         1. An isolated polynucleotide comprising a nucleotide sequence that codes                           
                             for a human NMDAR1, wherein said NMDAR1 has the sequence of                                     
                             amino acids 1-867 of SEQ ID NO:2 with none to as many as 6 amino                                
                             acid substitutions.                                                                             
                         8. A process for obtaining a human EAA receptor in substantially                                    
                             homogeneous form, which comprises the steps of culturing cells having                           
                             incorporated expressibly therein a polynucleotide as defined in claim 1,                        
                             and then recovering the cultured cells.                                                         
                         9. A process according to claim 8, comprising the subsequent step of                                
                             obtaining a membrane preparation from the cultured cells.                                       
                         15. An oligonucleotide comprising at least 17 nucleic acids which hybridizes                        
                              under stringent conditions with a polynucleotide defined in claim 1.                           
                  GROUNDS OF REJECTION78                                                                                     

                         Claim 15 is rejected under 35 U.S.C. § 112 second paragraph, as being                               
                  indefinite for failing to particularly point out and distinctly claim the subject matter                   
                  which applicant regards as the invention.  Specifically, the examiner recommends                           
                  changing the phrase “nucleic acids” to -- nucleotide bases --.                                             
                         Claim 15 is rejected under 35 U.S.C. § 102(b) as being anticipated by the                           
                  cDNA that was described in Figure 2 on page 33 of Moriyoshi.                                               



                                                                                                                             
                  78   Rejections not referred to in Answer are assumed to have been withdrawn. Ex                           
                  parte EMM, 118 USPQ 180, 181 (Bd. Pat. App. &  Int. 1958).  Accordingly, we note                           
                  the examiner withdrew the provisional rejection of claims 1-11 and 15 under 35                             
                  U.S.C. § 101, the rejection of claim 11 under 35 U.S.C. § 112, first paragraph, and                        
                  the rejection of claim 3 under 35 U.S.C. § 112, second paragraph.                                          

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