Ex Parte MARULLO et al - Page 11


                Appeal No. 2001-1436                                                   Page 11                  
                Application No. 08/422,612                                                                      

                receptor, when expressed in yeast cells, would not function to cause dissociation               
                of the yeast G protein or transduce a signal into the yeast cell.                               
                       Dull’s system relies on transduction of a signal by the heterologous                     
                receptor, in order to assay for ligand binding.  See column 3, lines 9-13:  “The                
                hybrid receptor of this invention is useful in screening methods for identifying                
                receptor-active agonistic drugs.  One incubates the hybrid receptor with the                    
                candidate drug and assays for the generation of a signal by the heterologous                    
                reporter polypeptide.”  The assayable signal can be the activity of an enzymatic                
                effector protein (column 3, lines 13-16) or activation of G protein by the receptor             
                (column 11, lines 21-28).  In any case, however, Dull’s method depends on                       
                generation of an intracellular signal in response to ligand binding by the                      
                heterologous receptor.                                                                          
                       This requirement for functional signal transduction would have led those                 
                skilled in the art to expect that a mammalian G protein-coupled receptor,                       
                expressed in yeast, could not be used in Dull’s assay method.  Dietzel teaches                  
                that mammalian G protein α subunit does not interact with a yeast receptor,                     
                which would have led those skilled in the art to also expect the converse: that a               
                yeast G protein α subunit would not interact with a mammalian receptor.  Since                  
                the mammalian receptor would not be expected to interact with the yeast G                       
                protein, those skilled in the art would have expected that a mammalian G protein-               
                coupled receptor would not produce a signal, even induction of G protein                        
                dissociation, if expressed in yeast cells.  Therefore, those skilled in the art would           







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