[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Notices]
[Page 35108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13731]



[[Page 35108]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

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.

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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 and Human 
Services is contemplating the grant of an exclusive license to practice 
the inventions embodied in U.S. Patent Applications S/N 07/695,024 
filed on May 6, 1991, S/N 07/879,649 filed on May 6, 1992, S/N 08/
198,691 filed on February 18, 1994, and S/N 08/270,106 filed on July 1, 
1994 (U.S. Patent 5,698,530 issued on December 16, 1997), entitled 
``Recombinant Virus Expressing Human Carcinoembryonic Antigen and 
Methods of Use Thereof,'' to Therion Biologics Corporation of 
Cambridge, Massachusetts. The patent rights in these inventions have 
been assigned to the United States of America.
    The prospective exclusive license territory will be worldwide and 
the field of use may be limited to the use of recombinant poxviruses, 
excluding vaccinia and swinepox viruses, expressing the 
carcinoembryonic antigen (CEA) gene or portions thereof with the aim of 
eliciting an immunogenic response. The immune response in vivo, 
elicited after exposure to the recombinant virus, would be directed 
against malignant cells expressing CEA. The purpose of the prospective 
license is to develop poxvirus based vaccines directed against cancers 
expressing CEA.

DATES: Only written comments and/or license applications which are 
received by the National Institutes of Health on or before July 31, 
2000 will be considered.

ADDRESSES: Requests for copies of these patents/patent applications, 
inquiries, comments and other materials relating to the contemplated 
exclusive license should be directed to: Elaine F. Gese, M.B.A., 
Technology Licensing Specialist, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD. 20852-3804. Telephone: (301) 496-7056, x282; Facsimile 
(301) 402-0220; E-mail [email protected].

SUPPLEMENTARY INFORMATION: 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, the NIH receives written evidence and argument that establish 
that the grant of the license would not be consistent with the 
requirements of 35 U.S.C. 209 and 37 CFR 404.7.
    Applications for a license in the field of use filed in response to 
this notice will be treated as objections to the grant of the 
contemplated exclusive license. Comments and objections submitted 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: May 23, 2000.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 00-13731 Filed 5-31-00; 8:45 am]
BILLING CODE 4140-01-M