[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18826]

[[Page Unknown]]

[Federal Register: August 3, 1994]


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 (NIH), 
Department of Health and Human Services, is contemplating the grant of 
a limited field of use exclusive license in the United States to 
practice the invention embodied in U.S. Patent Applications Numbers 07/
695,024 filed on May 6, 1991 and 07/879,649 filed on May 6, 1992 
entitled ``Recombinant Virus Expressing Human Carcinoembryonic Antigen 
and Methods of Use Thereof'', to Therion Biologics Corporation, having 
a place of business in Cambridge, MA. The patent rights in these 
inventions have been assigned to the United States of America.
    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 licenses would not 
be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.
    The field of use would be limited to the use of recombinant 
vaccinia and/or swinepox viruses expressing carcinoembryonic antigen 
(CEA) gene or portions thereof with the aim of eliciting an immunogenic 
    The immune response in vivo, elicited after exposure to the 
recombinant virus would be directed against malignant cells expressing 
CEA. The purpose of the license is to develop vaccinia and/or swine pox 
virus based vaccines directed against cancers expressing CEA.
    Requests for a copy of these patent applications, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Mr. Daniel R. Passeri, Office of Technology 
Transfer, National Institutes of Health, Box OTT, Bethesda, MD 20892. 
Telephone: (301)-496-7735, ext. 244; Facsimile: (301) 402-0220. 
Properly filed competing applications for a license filed in response 
to this notice will be treated as objections to the contemplated 
license. Only written comments and/or application for a license which 
are received by the NIH Office of Technology Transfer within sixty (60) 
days of this notice will be considered.

    Dated: July 22, 1994.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 94-18826 Filed 8-2-94; 8:45 am]