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###### Department of Health and Human Services

###### National Institutes of Health 

# AGENCY:

National Institutes of Health, Public Health Service, HHS. 

# ACTION:

Notice.

# SUMMARY:

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR part 404.7(a)(1)(i), that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive patent license to practice the inventions embodied in PCT Patent Application No. PCT/US03/37208 [HHS Ref. No. E-339-2002/0-PCT-02], filed November 20, 2003, which published as WO 2004/048928 on June 10, 2004, now expired, entitled “Method And Apparatus for Performing Multiple Simultaneous Manipulations of Biomolecules In a Two-Dimensional Array;” U.S. Patent Application No. 10/535,521 [HHS Ref. No. E-339-2002/0-US-03], filed May 18, 2005, now abandoned, which published as US-2006-0147926 A1 on July 6, 2006 entitled “Method And Apparatus for Performing Multiple Simultaneous Manipulations of Biomolecules In a Two-Dimensional Array;” U.S. Patent Application No. 12/587,976 [HHS Ref. No. E-339-2002/0-US-04], filed October 14, 2009, which published as US-2010-010506 on April 29, 2010 entitled “Device for External Movement Manipulation of Nucleic Acids and/or Proteins;” U.S. Provisional Patent Application No. 61/206,458 [HHS Ref. No. E-130-2006/0-US-01] filed January 30, 2009, entitled, “Amplification Platform and Methods of Use Thereof, now expired, and PCT Patent Application No. PCT/US10/022586 [HHS Ref. No. E-130-2006/0-PCT-02] filed January 29, 2010 and which published as WO 2010/088517 on August 5, 2010, entitled, “Methods and Systems for Purifying, Transferring and/or Manipulating Nucleic Acids;” and all continuing applications and foreign counterparts to 2-D Bio, LLC, having a place of business in Gaithersburg, Maryland. The patent rights in these inventions have been assigned to the United States of America. However, the patent rights for HHS Ref. No. E-130-2006/0-US-01 and HHS Ref. No. E-130-2006/0-PCT-02 are co-owned and co-assigned to the University of Maryland. The United States of America has obtained an exclusive license to the University of Maryland's rights in the invention. 

The prospective exclusive license territory may be “worldwide”, and the field of use may be limited to “development of devices for sale and services for high throughput parallel analysis and two dimensional analyses of molecules for all uses.” 

# DATES:

Only written comments and/or applications for a license which are received by the NIH Office of Technology Transfer on or before May 5, 2011 will be considered. 

# ADDRESSES: 

                        Requests for copies of the patent application, inquiries, comments, and other materials relating to the contemplated exclusive license should be directed to: Kevin W. Chang, PhD, Senior Licensing and Patenting Manager, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804;                         *Telephone:*                         (301) 435-5018;                         *Facsimile:*                         (301) 402-0220;                         *E-mail:**changke@mail.nih.gov.*

# SUPPLEMENTARY INFORMATION:

The subject technologies are methods, systems, and devices for purifying, transferring, or manipulating biomolecules, including nucleic acids from a sample, or performing a combination thereof, that substantially preserve two-dimensional (2D) spatial information on the original locations of the biomolecules within the sample. 

                    The prospective exclusive license will be royalty bearing and will comply with the terms and conditions of 35 U.S.C.                           ( print page 18770)                        209 and 37 CFR 404.7. The prospective exclusive license may be granted unless within thirty (30) days from the date of this published notice, the NIH receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.                 

Applications for a license in the field of use filed in response to this notice will be treated as objections to the grant of the contemplated exclusive license. Comments and objections submitted to this notice will not be made available for public inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. 

Dated: March 29, 2011. 

Richard U. Rodriguez, 

Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. 

[FR Doc. 2011-8090 Filed 4-4-11; 8:45 am] 

BILLING CODE 4140-01-P