Ex Parte LEID et al - Page 3


                 Appeal No. 2001-0531                                                          Page 3                    
                 Application No. 08/216,592                                                                              

                                                      Background                                                         
                        Retinoic acid receptors (RARs), thyroid hormone receptors (TRs), and                             
                 retinoid X receptors (RXRs) are nuclear receptors.  Specification, page 1.  These                       
                 nuclear receptors bind to specific sequences of DNA, known as DNA response                              
                 elements (REs).  Id., page 2.  “Retinoic acid (RA) signalling involves at least two                     
                 classes of proteins, the retinoic acid receptors (RARα, RARβ, RARγ) and retinoid                        
                 X receptors (RXRα, RXRβ, RXRγ).  RARs and RXRs are members of the                                       
                 steroid/thyroid hormone receptor superfamily, and exhibit the modular protein                           
                 structure typical to this group, including domains which function in DNA binding,                       
                 dimerisation, ligand binding and transactivation.”  Id., page 81 (citations omitted).                   
                        “Ligand binding appears to be required to induce transactivation functions                       
                 (AFs) which overlap the N-terminal and ligand binding domains of these proteins.                        
                 It has recently been shown that the affinities of RARs for their target sequences                       
                 is strongly increased when they are complexed as heterodimers with RXRs.”  Id.                          
                 (citations omitted).  “RXRs exhibit promiscuous heterodimerisation properties in                        
                 vitro, forming complexes with other factors including the thyroid receptor (TR)                         
                 . . ., which stimulates their cooperative and selective binding to cognate hormone                      
                 receptor elements in vitro.”  Id., page 82.                                                             
                                                      Discussion                                                         
                        Claim 5 is directed to a method of identifying an agent capable of inducing                      
                 transactivation of a reporter gene operably linked to a DNA response element.                           
                 The claimed method begins with cells that contain the reporter gene linked to the                       
                 response element, and that have also been altered to express heterodimers                               





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