Ex parte CHAMBON et al. - Page 2




                   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.                                                                                      
                                                                                 2                                                                                  





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