Appeal No. 1999-1367 Application 08/453,998 Claim 25 is representative of the claims on appeal and reads as follows:2 25. A method of preparing a heterologous protein that comprises: i) transforming a yeast cell with: a) a first DNA fragment encoding said heterologous protein under control of elements providing for expression of said first DNA fragment in yeast, said elements comprising a higher eukaryotic positive transcription control sequence selected from the group consisting of a natural ligand responsive element activating sequence or a variant of a natural ligand responsive element activating sequence which is a palindromic sequence or a repetition of a palindromic sequence and which retains the function of a natural ligand responsive element activating sequence in a test of inducible expression of $-galactosidase in yeast, that is induced by a higher eukaryotic receptor complexed with a ligand, and b) a second DNA fragment that is functional in yeast and that encodes said receptor under control of elements providing for expression of said receptor in yeast, wherein said receptor is a natural nuclear receptor selected from the group consisting of receptors for steroids or for retinoids or for thyroid hormones or for vitamin D3, and 2For clarity we have reproduced the claim in a manner which differs from the record copy in that the clauses are separated and indented. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007