Appeal No. 2001-2584 Page 13
Application No. 08/462,817
Upon consideration of co-pending Application No. 08/464,574 (Appeal No.
2001-1582) we find two rejections that may be applicable to the present claims.
For clarity we reproduce claims 47 and 51 of co-pending application 08/464,574
below:
47. Isolated DNA encoding a member of the steroid/thyroid
hormone receptor superfamily, wherein said member has an
N-terminal domain, a DNA binding domain and a ligand
binding domain, and wherein said DNA binding domain is a
cysteine-rich domain comprising 66 amino acid residues.
51. An expression vector containing DNA according to claim 47.
In co-pending Application No. 08/464,574 the examiner found claim 51 to
have been obvious over the combination of Walter in view of Leonard.
According to the examiner in that application, Walter teach, inter alia, a human
estrogen receptor, and Leonard teach, inter alia, an expression vector and host
cell. See 08/464,574, Answer, pages 8-10. It appears that this rejection is
applicable to the claims on appeal in this application.
Furthermore, in co-pending application 08/464,574 the examiner rejected
all the claims under the judicially created doctrine of obviousness-type double
patenting over claims 1-23 of U.S. Patent No. 5,312,732. Claims 1 and 17 of
U.S. Patent No. 5,312,732 read as follows:
1. Recombinant DNA capable of hybridizing with DNA encoding
protein having the amino acid sequence shown in FIG. IV-2(B)
(hMR), FIG. V-1(B) (hERR1), or FIG. V-2(B) (hERR2), or DNA
complementary thereto, under low stringency hybridization
conditions, wherein said DNA encodes functional receptor
protein(s) having hormone-binding and/or transcription
activating properties of mineralocorticoid receptor, estrogen-
related receptor hERR1 or estrogen-related receptor hERR2.
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007