Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 118


                  Appeal No.  1999-2200                                                                                        
                  Application No.  08/896,063                                                                                  
                                                   Appeal No. 2000-0440                                                        
                                                Application No. 08/217,704                                                     
                          Claim 14 is illustrative of the subject matter on appeal and is reproduced                           
                  below:                                                                                                       
                          14. A method of assaying a candidate ligand for binding interaction with a                           
                              human NR2A protein, which comprises the steps of:                                                
                                 (1) incubating the candidate ligand under appropriate conditions with                         
                                     a cell that has been mutated to produce a human NR2A protein,                             
                                         said cell having incorporated expressibly therein a                                   
                                     heterologous polynucleotide that encodes a modulatory protein                             
                                     selected from the group consisting of NR2A-1 having the amino                             
                                     acid sequence of SEQ ID NO:2 and NR2A-2 having the amino                                  
                                     acid sequence of SEQ ID NO:2 wherein the lysine at position 270                           
                                     is replaced by glutamic acid,                                                             
                                         or with a membrane preparation containing said NR2A protein,                          
                                     and then                                                                                  
                                 (2) determining the extent of binding between the human NR2A                                  
                                     protein and the candidate ligand.                                                         
                  GROUNDS OF REJECTION                                                                                         
                          Claims 14, 21 and 22 are rejected under 35 U.S.C. § 103 as being                                     
                  unpatentable over Monyer in view of McNamara, Blackstone, Schofield, Grenningloh                             
                  and Puckett.                                                                                                 
                          Claims 23 and 34 are rejected under 35 U.S.C. § 103 as being unpatentable                            
                  over Monyer in view of McNamara, Blackstone, Schofield, Grenningloh and Puckett                              
                  as applied to claims 14, 22, and 23 above and further in view of Durand.                                     
                          We reverse.                                                                                          










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