Appeal No. 2001-2584 Page 2
Application No. 08/462,817
examiner. Therefore, we remand the application to the examiner to consider the
following issues and take appropriate action.
Claims 47 and 58 are illustrative of the subject matter on appeal and are
reproduced below:
47. A recombinant expression system for production of functional steroid
receptor protein(s), which comprises host cells containing exogenous
DNA encoding said protein(s), and wherein the DNA is operably
linked to control sequences compatible with said host cell.
58. A recombinant expression system for production of functional
members of steroid/thyroid hormone receptor superfamily of
protein(s), said system comprising host cells containing exogenous
nucleic acid encoding a protein having hormone binding and/or
transcription activating properties of a member of the steroid/thyroid
hormone receptor superfamily, wherein said exogenous nucleic acid
is operably linked to control sequences compatible with said host
cells.
Claim 49 depends from claim 48, which in turn depends from claim 47.
Claim 48 adds a further limitation wherein the host cells are mammalian, and
claim 49 further limits the mammalian host cells of claim 48 to CV-1 cells. In
addition, claim 60 depends from claim 58 and adds the further limitation wherein
the host cells are CV-1 cells.
The examiner relies upon the following reference:
Green et al., (Green), “Human oestrogen receptor cDNA: sequence, expression
and homology to v-erb-A,” Nature, Vol. 320, pp. 134-139 (1986)
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