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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 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 E-061-2004/0, “Mucus Shaving Apparatus for Endotracheal Tubes” (Patent Application Ser. No. 10/773,570 filed February 5, 2004), and E-061-2004/1, “Mucus Shaving Apparatus for Endotracheal Tubes with Bacteriocidal Properties” (International Patent Application PCT/US2005/003395 filed February 5, 2005), to C.R. Bard, Inc., a New Jersey corporation having its headquarters in Murray Hill, New Jersey and a division, Bard Medical Division, having offices in Covington, GA. The United States of America is the assignee of the patent rights of the above invention. 

The contemplated exclusive license may be granted in the field of cleaning mucus deposits from endotracheal tubes. 

# DATES:

Only written comments and/or applications for a license received by the NIH Office of Technology Transfer on or before January 9, 2006 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: Michael A. Shmilovich, Esq., Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-5019; Facsimile: (301) 402-0220; E-mail:                         *shmilovm@mail.nih.gov.*                         A signed confidentiality nondisclosure agreement will be required to receive copies of the patent applications.                     

# SUPPLEMENTARY INFORMATION:

The patent applications intended for licensure disclose and/or cover the following: E-061-2004/0, “Mucus Shaving Apparatus for Endotracheal Tubes,” and E-061-2004/1, “Mucus Shaving Apparatus for Endotracheal Tubes with Bactericidal Properties.” 

                    This invention is an endotracheal tube cleaning apparatus for insertion into the inside of the endotracheal tube of a patient to shave away mucus deposits. This cleaning apparatus comprises a flexible central tube with an inflatable balloon at its distal end. Affixed to the inflatable balloon are one or more shaving rings, each having a squared leading edge to shave away mucus accumulations implicated in bacterial accumulation. In operation, the un-inflated cleaning apparatus is inserted into the endotracheal tube until its distal end is properly aligned with the distal end of the endotracheal tube. After proper alignment, the balloon is inflated by a suitable inflation device (                    *e.g.*, a syringe) until the balloon's shaving rings are pressed against the inside surface of the endotracheal tube. The cleaning apparatus is then pulled out of the endotracheal tube and in the process the balloon's shaving rings shave off the mucus deposits from the inside of the endotracheal tube.                 

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. 

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: October 31, 2005. 

Steven M. Ferguson, 

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

[FR Doc. 05-22319 Filed 11-8-05; 8:45 am] 

BILLING CODE 4140-01-P