Ex Parte LEID et al - Page 2


                 Appeal No. 2001-0531                                                          Page 2                    
                 Application No. 08/216,592                                                                              

                                   (b) assaying for expression of the reporter sequence, wherein                         
                                       the host cell, organism, or cell-free extract has been altered                    
                                       to express one or more dimmers comprising two subunits,                           
                                       wherein one of the subunits is a retinoic acid receptor (RAR)                     
                                       or a thyroid receptor (TR) and the other subunit is a retinoid                    
                                       X receptor (RXR).                                                                 

                        The examiner relies on the following references:                                                 
                 Hamada et al. (Hamada), “H-2RIIBP, A Member of the Nuclear Hormone                                      
                 Receptor Superfamily that Binds to Both the Regulatory Element of Major                                 
                 Histocompatibility Class I genes and the Estrogen Response Element,”                                    
                 Proc. Natl. Acad. Sci. USA, Vol. 86, pp. 8289-8293 (1989)                                               
                 Mangelsdorf et al. (Mangelsdorf), “Nuclear Receptor that Identifies a Novel                             
                 Retinoic Acid Response Pathway,”  Nature, Vol. 345 pp. 224-229 (1990)                                   
                 Glass et al. (Glass), “Positive and Negative Regulation of Gene Transcription by                        
                 a Retinoic Acid-Thyroid Hormone Receptor Heterodimer,” Cell , Vol. 59                                   
                 pp. 697-708 (1989)                                                                                      
                 Yu et al. (Yu), “RXRß: A Coregulator that Enhances Binding of Retinoic Acid,                            
                 Thyroid Hormone, and Vitamin D Receptors to Their Cognate Response                                      
                 Elements,” Cell, Vol. 67 pp. 1251-1266 (1991)                                                           

                        Claims 5, 29, 32, 34, and 46-48 stand rejected under 35 U.S.C. § 103 as                          
                 obvious in view of the combined disclosures of Glass and Mangelsdorf.                                   
                        Claims 5, 32, 46, and 48 stand rejected under 35 U.S.C. § 102(a) as                              
                 anticipated by Yu.                                                                                      
                        Claims 5, 29, 34, and 47 stand rejected under 35 U.S.C. § 103 as obvious                         
                 in view of Yu.                                                                                          
                        Claims 31 and 37 stand rejected under 35 U.S.C. § 103 as obvious in view                         
                 of the combined disclosures of Yu and Hamada.                                                           
                        We reverse all of the rejections.                                                                






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