[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Notices]
[Page 55649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28380]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: IL-4 Pseudomonas Exotoxin 
Fusion Protein Therapeutics

AGENCY: National Institutes of Health, Public Health Service, DHHS.

ACTION: Notice.

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SUMMARY: This notice in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 
Sec. 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 world-wide license to practice the 
invention embodied in USPA SN 06/911,227 (U.S. Patent 4,892,827) 
entitled, ``Recombinant Pseudomonas Exotoxins: Construction of an 
Active Immunotoxin with Low Side Effects''; USPA SN 08/225,224 (U.S. 
Patent 5,635,599) entitled, ``Circularly Permuted Ligands and 
Circularly Permuted Chimeric Molecules''; USPA SN 08/722,258 entitled, 
``Proteins Comprising Circularly Permuted Ligands''; and USPA SN 08/
616,785 entitled, ``Convection-Enhanced Drug Delivery'', to Neurocrine 
Biosciences of San Diego, California. The patent rights in these 
inventions have been assigned to the United States of America.
    The field of use would be limited to IL-4 pseudomonas exotoxin 
fusion protein therapeutics.

DATES: Only written comments and/or applications for a license which 
are received by NIH on or before January 26, 1998 will be considered.

ADDRESSES: Requests for copies of the subject issued patents and 
pending patent applications, inquiries, comments and other materials 
relating to the contemplated license should be directed to: Mr. Steven 
Ferguson, Senior Licensing Specialist, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD 20852. Telephone: (301) 496-7056, ext. 266; Facsimile: 
(301) 402-0220. A signed Confidentiality Agreement will be required to 
receive copies of the pending patent applications.

SUPPLEMENTARY INFORMATION: The present inventions relate to a fusion 
protein construct which is able to target malignant glial cells in the 
brain and potentially other malignant cells throughout the body which 
overexpress the IL-4 receptor protein. The construct has two parts; a 
targeting moiety and a toxin. The targeting moiety is the IL-4 cytokine 
while the toxin is a modified pseudomonas-exotoxin. The construct can 
be delivered to the brain using a convention-enhanced methodology to 
target and destroy cancerous cells.
    The prospective exclusive license will be royalty-bearing and will 
comply with the terms and conditions of 35 U.S. 209 and 37 CFR 
Sec. 404.7. The prospective exclusive license may be granted unless, 
within 90 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 the 35 U.S.C. 
209 and 37 CFR Sec. 404.7.
    Applications for a license to the field of use described in this 
Notice will be treated as objections to the contemplated license. 
Comments and objections will not be made available for public 
inspection and, to the extent permitted by law, will not be subject to 
disclosure under the Freedom of Information Act, 5 U.S.C. 552.

    Dated: October 17, 1997.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 97-28380 Filed 10-24-97; 8:45 am]
BILLING CODE 4140-01-M