Appeal No. 2001-0531 Page 4
Application No. 08/216,592
composed of a retinoid X receptor (RXR) in combination with either a retinoic
acid receptor (RAR) or thyroid hormone receptor (TR). The heterodimer-
expressing, reporter gene-containing cells are then incubated with the agent of
interest, and an assay is carried out to determine expression of the reporter
gene.
Claims 29, 31, 32, 34, 37, and 46-48 depend directly or indirectly on claim
5. For the reasons discussed below, we need not separately address the
limitations of the dependent claims.
1. The rejection based on Glass and Mangelsdorf
The examiner rejected claim 5, together with claims 29, 32, 34, and 46-48
as obvious in view of the combined teachings of Glass and Mangelsdorf. The
examiner characterized Glass as teaching an expression assay similar to that of
claim 5 but involving heterodimers of RAR and TR. Examiner’s Answer, pages
4-5. She cited Mangelsdorf as teaching an expression plasmid encoding RXR
which, when co-transfected into host cells along with a reporter plasmid, causes
transactivation of the reporter gene in the presence of retinoic acid. Id., page 5.
The examiner concluded that it would have been obvious to a person
skilled in the art to modify the assay system disclosed by Glass by replacing
either the RAR or TR used by Glass with the RXR taught by Mangelsdorf,
“because Glass et al. suggest that other steroid hormone receptors also form
dimers for more elaborate control of transcription.” Id., page 6.
“[T]o establish obviousness based on a combination of the elements
disclosed in the prior art, there must be some motivation, suggestion or teaching
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