35108 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

Prospective Grant of Exclusive

License: Recombinant Virus

Expressing Human Carcinoembryonic

Antigen and Methods of Use Thereof

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 and Human Services

is contemplating the grant of an

exclusive license to practice the

inventions embodied in U.S. Patent

Applications S/N 07/695,024 filed on

May 6, 1991, S/N 07/879,649 filed on

May 6, 1992, S/N 08/198,691 filed on

February 18, 1994, and S/N 08/270,106

filed on July 1, 1994 (U.S. Patent

5,698,530 issued on December 16,

1997), entitled ‘‘Recombinant Virus

Expressing Human Carcinoembryonic

Antigen and Methods of Use Thereof,’’

to Therion Biologics Corporation of

Cambridge, Massachusetts. The patent

rights in these inventions have been

assigned to the United States of

America.

The prospective exclusive license

territory will be worldwide and the field

of use may be limited to the use of

recombinant poxviruses, excluding

vaccinia and swinepox viruses,

expressing the carcinoembryonic

antigen (CEA) gene or portions thereof

with the aim of eliciting an

immunogenic response. The immune

response in vivo, elicited after exposure

to the recombinant virus, would be

directed against malignant cells

expressing CEA. The purpose of the

prospective license is to develop

poxvirus based vaccines directed

against cancers expressing CEA.

DATES: Only written comments and/or

license applications which are received

by the National Institutes of Health on

or before July 31, 2000 will be

considered.

ADDRESSES: Requests for copies of these

patents/patent applications, inquiries,

comments and other materials relating

to the contemplated exclusive license

should be directed to: Elaine F. Gese,

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) 496–7056, x282; Facsimile (301)

402–0220; E-mail eg46t@nih.gov.

SUPPLEMENTARY INFORMATION: 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 sixty (60) days from the date of

this published notice, the NIH receives

written evidence and argument that

establish 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: May 23, 2000.

Jack Spiegel,

Director, Division of Technology Development

and Transfer, Office of Technology Transfer.

[FR Doc. 00–13731 Filed 5–31–00; 8:45 am]

BILLING CODE 4140–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

Prospective Grant of Exclusive

License: ‘‘Anti-Notch Antibodies and

Pharmaceutical Compositions for the

Therapeutic Treatment of Tumors

Which Over Express Notch Protein’’

AGENCY: National Institutes of Health,

Public Health Service, DHHS.

ACTION: Notice.

SUMMARY: This 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, Department of Health and

Human Services, is contemplating the

grant of an exclusive world-wide license

to U.S. Patent Applications 60/124,119,

entitled: ‘‘Anti-Notch-1 Monoclonal

Antibodies for Inducing Cellular

Differentiation and Apoptosis’’ and 60/

102,816, entitled: ‘‘Apoptosis Inducing

Agents and Methods’’ plus, if available,

corresponding foreign patent

applications to Viragen, Inc. having a

place of business in Plantation, Florida.

The patent rights in these inventions

have been assigned to the United States

of America.

DATES: Only written comments and/or

applications for a license which are

received by NIH on or before July 31,

2000 will be considered.

ADDRESSES: Requests for copies of the

patent applications, inquiries,

comments and other materials relating

to the contemplated licenses should be

directed to: J.R. Dixon, Ph.D.,

Technology Licensing Specialist, Office

of Technology Transfer, National

Institutes of Health, 6011 Executive

Boulevard, Suite 325, Rockville,

Maryland 20852-3804. Telephone: (301)

496–7735 ext. 206; Facsimile: (301)

402–0220. A signed Confidentiality

Agreement will be required to receive

copies of the patent applications.

SUPPLEMENTARY INFORMATION: The

technology disclosed in USPA SN: 60/

124,119 and 60/102,816 relates to a

method, pharmaceutical composition,

and antibodies to treat tumors by

causing apoptosis in tumor cells that

over express Notch protein.

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 sixty (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.

The field of use may be limited to the

use of anti-Notch antibodies and

pharmaceutical composition for the

diagnosis and therapeutic treatment of

tumors which over express Notch

protein.

Applications for a license [i.e.,

completed ‘‘Application for License to

Public Health Service Inventions] in the

field of use of anti-Notch antibodies and

pharmaceutical composition for the

therapeutic treatment of tumors which

over express Notch protein filed in

response to this notice will be treated as

objections to the grant of the

contemplated license. Comments and

objections will not be made available for

public inspection and, to the extent

permitted by law, will not be subject to

disclosure under the Freedom of

Information Act, 5 U.S.C. 552.

Dated: May 22, 2000.

Jack Spiegel,

Director, Division of Technology Development

and Transfer, Office of Technology Transfer.

[FR Doc. 00–13733 Filed 5–31–00; 8:45 am]

BILLING CODE 4140–01–P