Appeal No. 2002-1367 Page 2
Application No. 08/981,964
phenotype, and determining whether any such detectable change
has occurred.
7. A host cell which is a fungus transformed with a promoter
element which controls expression of a fungal acetoacetyl CoA
thiolase gene operably linked to a reporter system such that
inhibition of sterol biosynthesis in the host cell leads to a detectable
change in cell phenotype.
The examiner relies upon the following references:
Kirsch et al. (Kirsch) EP 0627491 Dec. 7, 1994
Servouse et al. (Servouse), “Regulation of Early Enzymes of Ergosterol
Biosynthesis in Saccharomyces cerevisiae,” Biochem. J., Vol. 240, pp.
541-47 (1986)
Dequin et al. (Dequin), “Cloning, Sequencing and Analysis of the Yeast S.
uvarum ERG10 Gene Encoding Acetoacetyl CoA Thiolase,” Curr. Genet.,
Vol. 13, pp. 471-78 (1988)
Hiser et al. (Hiser), “ERG10 from Saccharomyces cerevisiae Encodes
Acetoacetyl-CoA Thiolase,” J. Biol. Chem., Vol. 269, No. 50, pp. 31383-
389 (1994)
Dimster-Denk et al. (Dimster-Denk), “Feedback regulation of 3-hydroxy-3-
methylglutaryl Coenzyme A reductase in Saccharomyces cerevisiae,”
Molecular Biology of the Cell, Vol. 5, pp. 655-665 (1994)
Claims 1-12 stand rejected under 35 U.S.C. § 103(a) as being obvious
over the combination of Kirsch, Servouse, and Dequin or Hiser. After careful
review of the record and consideration of the issue before us, we reverse.
DISCUSSION
Claims 1-12 stand rejected under 35 U.S.C. § 103(a) as being obvious
over the combination of Kirsch, Servouse, and Dequin or Hiser.
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