[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Notices]
[Page 25225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12108]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Container for Drying 
Biological Samples, Method of Making Such Container, and Method of 
Using Same

AGENCY: National Institutes of Health, Public Health Service, DHHS.

ACTION: Notice.

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SUMMARY: This is notice in accordance with 15 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 worldwide license to practice the invention embodied in 
U.S. Patent Applicant SN 08/717,114 entitled ``Container for Drying 
Biological Samples, Method of Making Such Container, and Method of 
Using Same'' and related U.S. and foreign patent applications to 
Whatman, Incorporated of Clifton, New Jersey. The patent rights in this 
invention have been assigned to the United States of America.
    Is is anticipated that this license may be limited to the field of 
sales to; biotechnology labortories, and original equipment 
manufacturers of diagnostics.

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before July 
6, 1998 will be considered.

ADDRESSES: Requests for a copy of this patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: David R. Sadowski, Technology Transfer 
Specialist, Office of Technology transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852; 
Telephone (301) 496-7056 extension 288; Facsimile: (301) 401-0220; E-
mail <a href="/cdn-cgi/l/email-protection#600413525701200e09084e070f16"><span class="__cf_email__" data-cfemail="e38790d1d482a38d8a8bcd848c95">[email protected]</span></a>. A signed Confidential Disclosure Agreement will be 
required to receive a copy of the patent application.

SUPPLEMENTARY INFORMATION: The patent application describes a method 
(and associated device) for venting a sample which is in a container, 
the method comprising: providing a container having an opening, the 
opening being sealed substantially with a filter. The filter permitting 
permeation therethrough of at least one gas and substantially 
preventing permeation therethrough of microbes. Wherein said container 
is configured to withstand high speed centrifugation of 50 or more 
times the force of gravity. Thus, gas is permitted to enter or exit the 
container by permeating the filter, thereby affording venting of the 
sample without substantial contamination of the sample with microbes. 
More broadly, this invention permits the lyophilization or venting or 
other permeation of gas into, or out of, a container, while preventing 
contamination of a sample which is within the container.
    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. 
This 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.
    Applications for a license filed in response to this notice will be 
treated as objections to the grant of the contemplated license. 
Comments and objections submitted in response to this notice will be 
not 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: April 29, 1998.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 98-12108 Filed 5-6-98; 8:45 am]
BILLING CODE 4140-01-M


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