4880 Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Notices 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Prospective Grant of Exclusive 

License: Commercializing Instruments, 

Reagents and Related Products Used 

for Template-Dependent Sequencingby-Synthesis of Nucleic Acids at the 

Single Molecule Level, Wherein a 

Polymerase Carries the Donor Label

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 

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 to practice the invention 

embodied in Patent Applications U.S. 

60/151,580, filed August 29, 1999; PCT/

US00/23736, filed August 29, 2000 and 

U.S. 10/070,053, filed June 10, 2002; 

entitled ‘‘High Speed Parallel Molecular 

Nucleic Acid Sequencing’’, to VisiGen 

Biotechnologies, Inc., having a place of 

business in Houston, Texas. The patent 

rights in this invention have been 

assigned to the United States of 

America.

DATES: Only written comments and/or 

application for a license that are 

received by the NIH Office of 

Technology Transfer on or before April 

1, 2005, will be considered.

ADDRESSES: Requests for a copy of the 

patent application, inquiries, comments 

and other materials relating to the 

contemplated license should be directed 

to: Cristina Thalhammer-Reyero, Ph.D., 

M.B.A., Office of Technology Transfer, 

National Institutes of Health, 6011 

Executive Boulevard, Suite 325, 

Rockville, MD 20852–3804; e-mail: 

ThalhamC@mail.nih.gov; telephone: 

301–435–4507; facsimile: 301–402–

0220.

SUPPLEMENTARY INFORMATION: The 

invention relates to a method and 

apparatus for DNA and RNA 

sequencing, also known as Two Dye 

Sequencing (TDS). This invention is 

based on Fluorescence Resonance 

Energy Transfer (FRET), a technology 

increasingly in use for several molecular 

analysis purposes. In particular, the 

method consists of: (1) Attachment of 

engineered DNA polymerases labeled 

with a donor fluorophore to the surface 

(chamber) of a microscope field of view, 

(2) addition to the chamber of DNA with 

an annealed oligonucleotide primer, 

which is bound by the polymerase, (3) 

further addition of four nucleotide 

triphosphates, each labeled on the base 

with a different fluorescent acceptor 

dye, (4) excitation of the donor 

fluorophore with light of a wavelength 

specific for the donor but not for any of 

the acceptors, resulting in the transfer of 

the energy associated with the excited 

state of the donor to the acceptor 

fluorophore for a given nucleotide, 

which is then radiated via FRET, (5) 

identification of the nucleotides most 

recently incorporated into the 

complementary nucleic acid strand by 

recording the fluorescent spectrum of 

the individual dye molecules at specific 

locations in the microscope field, and 

(6) converting the sequential spectrum 

into a DNA sequence for each DNA 

molecule in the microscope field of 

view. 

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. 

The field of use may be limited to 

‘‘Commercializing Instruments, 

Reagents and Related Products Used for 

Template-Dependent Sequencing-bySynthesis of Nucleic Acids at the Single 

Molecule Level, wherein a Polymerase 

Carries the Donor Label.’’

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: January 21, 2005. 

Mark L. Rohrbaugh, 

Director, Office of Technology Transfer, 

National Institutes of Health.

[FR Doc. 05–1683 Filed 1–28–05; 8:45 am] 

BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Departmental Advisory Committee on 

Commercial Operations of Customs 

and Border Protection and Related 

Functions (COAC)

ACTION: Notice of meeting and 

announcement of membership. 

SUMMARY: This notice announces the 

date, time, and location for the first 

meeting of the ninth term of the 

Departmental Advisory Committee on 

Commercial Operations of Customs and 

Border Protection and Related 

Functions (COAC) and the expected 

agenda for its consideration. It also 

announces the new members of the 

committee.

DATES: The next meeting of the COAC 

will be held on Tuesday, February 15, 

2005, 9 a.m. to 1 p.m.

ADDRESSES: The meeting of the 

Departmental Advisory Committee on 

Commercial Operations of Customs and 

Border Protection and Related 

Functions (COAC) will be held in The 

Ronald Reagan International Trade 

Center Horizon Ballroom, 1300 

Pennsylvania Avenue, NW., 

Washington, DC 20229 (phone 202–

344–1440; fax 202–344–1969).

FOR FURTHER INFORMATION CONTACT: Ms. 

Monica Frazier, Office of the Assistant 

Secretary for Border and Transportation 

Security, Department of Homeland 

Security, Washington, DC 20528; 

telephone (202) 282–8431; facsimile 

(202) 282–8504.

SUPPLEMENTARY INFORMATION: The first 

meeting of the ninth term of 

Departmental Advisory Committee on 

Commercial Operations of Customs and 

Border Protection and Related 

Functions (COAC) will be held at the 

date, time and location specified above. 

This notice announces the expected 

agenda for its consideration and the new 

members of the committee. This 

meeting is open to the public; however, 

participation in COAC deliberations is 

limited to COAC members, Homeland 

Security and Treasury Department 

officials, and persons invited to attend 

the meeting for special presentations. 

Since seating is limited, all persons 

attending this meeting should provide 

notice by 2 p.m. e.s.t. on Wednesday, 

February 9, 2005, to Ms. Monica Frazier, 

Office of the Assistant Secretary for 

Border and Transportation Security, 

Department of Homeland Security, 

Washington, DC 20528; telephone (202) 

282–8431; facsimile (202) 282–8504. 

Information on Services for 

Individuals with Disabilities: For 

information on facilities or services for 

individuals with disabilities or to 

request special assistance at the 

meeting, contact Ms. Monica Frazier, 

Office of the Assistant Secretary for 

Border and Transportation Security, 

Department of Homeland Security, 

Washington, DC 20528; telephone (202) 

282–8431; facsimile (202) 282–8504, as 

soon as possible.