Appeal No. 1999-1221
Application No. 08/342-242
monitoring said cells for changes in early response gene expression levels
wherein such changes indicate a compound which modulates signal transduction
in said cells, wherein said early response gene is selected from the Myc, Jun,
Myb, or Rel families of genes.
The examiner relies on the following references:
Pang 5,418,135 May 23, 1995
Kruijer et al. (Kruijer (1984)), “Platelet-derived growth factor induces rapid but
transient expression of the c-fos gene and protein,” Nature, Vol. 312, No. 5996,
pp. 711-716 (1984)
Kruijer et al. (Kruijer (1985)), “Induction of the proto-oncogene fos by nerve
growth factor,” Proc. Natl. Acad. Sci., Vol. 82, pp. 7330-7334 (1985)
Sassone-Corsi et al. (Sassone -Corsi), “Regulation of Proto-oncogene fos: A
Paradigm for Early Response Genes,” Cold Spring Harbor Symposia on
Quantitative Biology, Vol. LIII, pp. 749-760 (1988)
Claims 1, 2, 4, 7-10, and 12 stand rejected under 35 U.S.C. § 103 as
obvious over either of Kruijer (1984) or Kruijer (1985), in combination with
Sassone-Corsi.
Claims 1, 3, 13-15, and 17 stand rejected under 35 U.S.C. § 103 as
obvious over Pang, Kruijer (1984), Kruijer (1985), and Sassone-Corsi.
We reverse both rejections.
Background
“Signal transduction” refers to the process of cellular communication by
which cells transmit signals within the cell and between cells. Specification, page
1. The specification discloses what Appellants characterize as an “analytical
method for identifying compounds which induce and/or inhibit signal transduction
in cells.” Page 2. The specification states that the disclosed method has the
2
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