[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28302]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
 

Prospective Grant of Partially Exclusive Patent License

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 
a partially exclusive license in a limited field of use to practice the 
inventions embodied in U.S. Patent 5,104,977 (formerly U.S. Patent 
Application 06/423,203) entitled ``Purified Transforming Growth Factor 
Beta'' and its foreign counterparts, including inventions deriving 
priority from U.S. Patent Applications 06/500,832 and 06/500,927, to 
Celtrix Pharmaceuticals Inc. having a place of business at Santa Clara, 
California. The patent rights in these inventions have been assigned to 
the United States of America.
    The prospective partially exclusive license will be for the field 
of ophthalmology. It 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 partially exclusive license may be granted unless, 
within sixty 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.
    This invention relates to a protein known as transforming growth 
factor-beta (TGF-beta) and its uses. The U.S. patent (5,104,977) issued 
on April 14, 1992 and has a divisional (USPA 07/816,563) and two 
continuations (08/048,956 and 08/267,227) currently pending at the U.S. 
PTO. The invention contains both composition of matter and method of 
using claims to TGF-beta. The invention facilitates studies relating 
TGF-'s normal physiological function, and structural analysis, 
which could provide information on cloning of the TGF- 
protein. Production of TGF- in mass quantities might have 
useful therapeutic application in enhancement of wound healing and 
tissue repair. Requests for a copy of the above identified patent 
applications, inquiries, comments and other materials relating to the 
contemplated license should be directed to: Dr. Carl Floyd, Office of 
Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Box 13, Rockville, Maryland 20852-3804 (telephone: (301) 
496-7735 ext. 246; FAX: (301) 402-0220). A signed Confidential 
Disclosure Agreement will be required to receive copies of the patent 
application(s). Properly filed competing applications for a license 
filed in response to this notice will be treated as objections to the 
grant of the contemplated license. Only written comments and/or 
applications for a license which are received by the NIH Office of 
Technology Transfer on or before January 17, 1995 will be considered.

    Dated: October 29, 1994.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 94-28302 Filed 11-15-94; 8:45 am]
BILLING CODE 4140-01-P