[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Notices]
[Page 37730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18345]


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DEPARTMENT OF ENERGY


Physical Optics Devices

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notice of intent to grant exclusive patent license.

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SUMMARY: Notice is hereby given of an intent to grant to Physical 
Optics Devices, of Santa Fe, New Mexico, an exclusive license to 
practice the inventions described in U.S. Patent No. 5,029,528, 
entitled ``FIBER OPTIC MOUNTED LASER DRIVEN FLYER PLATES,'' and No. 
5,046,423, entitled ``LASER-DRIVEN FLYER PLATE.'' The inventions are 
owned by the United States of America, as represented by the Department 
of Energy (DOE).

DATES: Written comments or nonexclusive license applications are to be 
received at the address listed below no later than September 17, 1996.

ADDRESSES: Office of the Assistant General Counsel for Technology 
Transfer and Intellectual Property, U.S. Department of Energy, 1000 
Independence Avenue, S.W., Washington, D.C. 20585.

FOR FURTHER INFORMATION: John T. Lucas, Office of the Assistant General 
Counsel for Technology Transfer and Intellectual Property, U.S. 
Department of Energy, Forrestal Building, Room 6F-067, 1000 
Independence Avenue, S.W., Washington, D.C. 20585; Telephone (202) 586-
2939.

SUPPLEMENTARY INFORMATION: 35 U.S.C. 209(c) provides the Department 
with authority to grant exclusive or partially exclusive licenses in 
Department-owned inventions, where a determination can be made, among 
other things, that the desired practical application of the inventions 
has not been achieved, or is not likely expeditiously to be achieved, 
under a nonexclusive license. The statute and implementing regulations 
(37 C.F.R. 404) require that the necessary determinations be made after 
public notice and opportunity for filing written objections. Physical 
Optics Devices, of Santa Fe, New Mexico, has applied for an exclusive 
license to practice the inventions embodied in U.S. Patent No. 
5,029,528 and No. 5,046,423, and has a plan for commercialization of 
the inventions. The inventions consist generally of so-called ``flyer 
plates,'' metal foil material accelerated by a focused laser beam, 
which first converts a layer of foil to a plasma which accelerates a 
layer of the metal foil toward a target. One of the patents 
incorporates optical fibers to enhance flexibility of operation.
    The proposed license will be exclusive as deemed appropriate, 
subject to a license and other rights retained by the U.S. Government, 
and subject to a negotiated royalty and other terms and conditions.
    DOE intends to grant the license, upon a final determination in 
accordance with 35 U.S.C. 209(c), unless within 60 days of this notice 
the Assistant General Counsel for Technology Transfer and Intellectual 
Property, Department of Energy, Washington, D.C. 20585 receives in 
writing any of the following, together with supporting documents:
    (i) A statement from any person setting forth reasons why it would 
not be in the best interests of the United States to grant the proposed 
license; or
    (ii) An application for a nonexclusive license to the invention, in 
which applicant states that he already has brought the inventions to 
practical application or is likely to bring the inventions to practical 
application expeditiously. The Department will review all timely 
written responses to this notice, and will grant the license if, after 
expiration of the 60-day notice period, and after consideration of any 
written responses to this notice, a determination is made, in 
accordance with 35 U.S.C. 209(c), that the license grant is in the 
public interest.

    Issued in Washington, D.C., on July 15, 1996.
Agnes P. Dover,
Deputy General Counsel for Technology Transfer and Procurement.
[FR Doc. 96-18345 Filed 7-18-96; 8:45 am]
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