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

###### National Institutes of Health 

# AGENCY:

National Institutes of Health, Public Health Service, DHHS. 

# ACTION:

Notice. 

# SUMMARY:

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH), Department of Health and Human Services, is contemplating the grant of an exclusive license worldwide to practice the invention embodied in of U.S. Patent 5,792,775, issued on August 11, 1998, entitled, “4′ and 4′,4″-substituted-3-α-(diphenylmethoxy) tropane analogs as cocaine therapeutics' to Phase2 Discovery, having a place of business in the state of Ohio. The field of use may be limited to the treatment of Attention Deficit Hyperactivity Disorder (ADHD). The United States of America is the assignee of the patent rights in this invention. This announcement is the first notice to grant an exclusive license to this technology. 

# DATES:

Only written comments and/or application for a license which are received by the NIH Office of Technology Transfer on or before February 18, 2005, will be considered. 

# ADDRESSES:

                        Requests for a copy of the patent applications, inquiries, comments and other materials relating to the contemplated license should be directed to: Pradeep Ghosh, J.D., Ph.D., M.B.A., Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-5282; Facsimile: (301) 402-0220; e-mail:                         *ghoshpr@mail.nih.gov.*

# SUPPLEMENTARY INFORMATION:

This technology relates to a family of tropane analogs that bind to dopamine transporters and can be used to image dopamine transporter binding sites, and to diagnose and/or monitor neurodegenerative disorders and developmental disabilities like ADHD. ADHD is a neurobiological-based developmental disability characterized by inattentiveness, impulsivity, and hyperactivity. 

The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within 60 days from the date of this published Notice, 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. 

Properly filed competing applications for a license filed in response to this notice will be treated as objections to the contemplated license. Comments and objections submitted in response 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: December 13, 2004. 

Steven M. Ferguson, 

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

[FR Doc. 04-27781 Filed 12-17-04; 8:45 am] 

BILLING CODE 4140-01-P