Ex Parte MARULLO et al - Page 2


                Appeal No. 2001-1436                                                    Page 2                  
                Application No. 08/422,612                                                                      

                             (b)    a control region capable of being recognized by polymerases                 
                                    of the yeast cell for expression of said polypeptide in said                
                                    yeast cell; and                                                             
                             wherein,  after expression, said polypeptide is incorporated into a                
                       cell membrane of said yeast cell and said polypeptide is capable of                      
                       binding a ligand of said mammalian receptor.                                             

                       The examiner relies on the following references:                                         
                Dull et al. (Dull)              4,859,609                Aug. 22, 1989                        
                King et al. (King)              5,482,835                Jan.  09, 1996                       
                Dohlman et al. (Dohlman), “A Family of Receptors Coupled to Guanine                             
                Nucleotide Regulatory Proteins,” Biochemistry, Vol. 26, No. 10, pp. 2657-2664                   
                (1987)                                                                                          
                Lübbert et al. (Lübbert), “cDNA cloning of a serotonin 5-HT1C receptor by                       
                electrophysiological assays of mRNA-injected Xenopus oocytes,” Proc. Natl.                      
                Acad. Sci. USA, Vol. 84, pp. 4332-4336 (1987)                                                   
                Dietzel et al. (Dietzel), “The Yeast SCG1 Gene:  A GI-like Protein Implicated in                
                the а- and I-Factor Response Pathway,” Cell, Vol. 50, pp. 1001-1010 (1987)                      
                Kobilka et al. (Kobilka), “Cloning, Sequencing, and Expression of the Gene                      
                Coding for the Human Platelet I2-Adrenergic Receptor,” Science, Vol. 238,                       
                pp. 650-656 (1987)                                                                              

                       Claims 16-25, 41, and 44-53 stand rejected under 35 U.S.C. § 112, first                  
                paragraph, as nonenabled.                                                                       
                       Claims 16-25, 41, 44-9, 51, and 52 stand rejected under 35 U.S.C.                        
                § 102(e) as anticipated by King.                                                                
                       Claim 50 stands rejected under 35 U.S.C. § 103 as obvious over King.                     











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