Appeal No. 1999-1351
Application 08/471,884
through 30. Accordingly, the appeal with respect to those claims is dismissed. This
leaves claim 31 before us.1
THE APPEALED CLAIM
Claim 31 reads as follows:
31. (Amended) A method of identifying a chemical agent which alters activity
of a protein encoded by a mammalian gene which, when expressed in genetically
altered [yeast] host cells, modifies a phenotypic alteration associated with a genetic
alteration in the [yeast] host cells, comprising the steps of :
(a) expressing the protein encoded by the mammalian gene in genetically
altered [yeast] host cells in which the protein encoded by the mammalian
gene is not expressed, thereby modifying the phenotypic alteration
associated with the genetic alteration;
(b) obtaining from genetically altered [yeast] host cells produced in step (a)
protein encoded by the mammalian gene;
(c) combining protein encoded by the mammalian gene with a chemical agent
to be assayed for its ability to alter activity of the protein encoded by the
mammalian gene; and
(d) determining activity of the protein encoded by the mammalian gene in
combination with the chemical agent.
THE REFERENCES
The prior art references relied on by the examiner are:
Goddard et al. (Goddard), “Cloning of human purine-nucleoside phosphorylase cDNA
sequences by complementation in Escherichia coli.” Proceedings of the National
Academy of Sciences, USA, Vol. 80, pp. 4281-4285, July 1983
Kataoka et al. (Kataoka), “Functional cloning of mammalian and yeast RAS genes.”
Cell, Vol. 40 pp. 19-26, January 1985
Lee et al. (Lee), “Complementation used to clone a human homologue of the fission
yeast cell cycle control gene cdc2,” Nature, Vol. 327 pp. 31-35, May 1987
Chang et al. (Chang), “Phenotypic expression in E. Coli of a DNA sequence coding for
mouse dihydrofolate reductase,” Nature, Vol. 275 pp. 617-624, October 1978
1 On return of this application to the examining corps, we recommend that the examiner approve entry of
the proffered amendment canceling claims 22 through 30.
2
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