Ex Parte Herz et al - Page 2


            Appeal No. 2006-2556                                                       Page 2              
            Application No. 09/977,155                                                                     

                  The specification discloses “that members of the LDL receptor gene family                
            undergo endoproteolytic processing events that result in the release of their cytoplasmic      
            tails into the cytoplasm.”  Id.  Thus, “[t]he invention provides methods and compositions      
            for modeling and detecting LDL receptor transmembrane signaling by detecting                   
            proteolysis of an LDL receptor transmembrane domain.”  Id. at page 2.                          
                  The specification discloses that proteolytic cleavage of the LDL receptor                
            transmembrane domain can be assayed by detecting the release of the C-terminal tail            
            from the cell membrane.  Id.  For example, the C-terminal tail can be fused to a               
            detectable marker such as a transcription factor domain which, when released from the          
            membrane by proteolytic cleavage, will trigger expression of a responsive reporter.  Id.       
                                                Discussion                                                 
            1.  Claim construction                                                                         
                  Claims 1-20 are pending.                                                                 
                  The examiner has objected to claim 10 as being dependent upon a rejected base            
            claim, but has indicated that it would be allowable if rewritten in independent form           
            including all of the limitations of the base claim.  See Examiner’s Answer, page 6.            
                  Claims 1-9 and 11-20 are on appeal.                                                      
                  Appellants have not argued the claims separately.  Therefore, the claims subject         
            to each rejection stand or fall together.  37 CFR § 41.37(c)(1)(vii).  Claims 1 and 15 are     
            representative and read as follows:                                                            
                  1. A method for detecting proteolysis of an LDL (Low Density Lipoprotein)                
                  receptor transmembrane domain, comprising the steps of:                                  
                         a) providing a sample comprising a cell membrane comprising (i) a                 
                  polypeptide comprising an LDL receptor transmembrane domain fused to a                   





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