[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Notices]
[Page 26871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12125]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: ``Optical Fiber Probe and 
Methods for Measuring Optical Properties''

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 (NIH), 
Department of Health and Human Services, is contemplating the grant of 
an exclusive license to practice the inventions embodied in: U.S. 
Patent Application No. 09/428,832 ``Optical Fiber Probe and Methods for 
Measuring Optical Properties'' filed October 28, 1999, taking priority 
from U.S. Provisional Application No. 60/105,945 filed October 28, 
1998, to AzurTec, Inc. with a place of business in Newtown, 
Pennsylvania. The United States of America is an assignee to the patent 
rights of these inventions.
    The contemplated exclusive license may be limited to the use of 
metachromatic dye staining in the diagnosis and treatment of cervical, 
oral pharyngeal, bladder and gastrointestinal cancer.

DATES: Only written comments and/or applications for a license that are 
received by the NIH Office of Technology Transfer on or before July 16, 
2001 will be considered.

ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Dale D. Berkley, Ph.D., J.D. Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: (301) 496-7056, ext. 223; Facsimile: (301) 
402-0220; E-mail: [email protected]. A signed Confidential Disclosure 
Agreement will be required to receive copies of the patent application.

SUPPLEMENTARY INFORMATION: The invention is a probe for the 
characterization of optical scattering and absorption properties of a 
sample illuminated by an illumination fiber situated next to at least 
two collection fibers. The collection fibers are spaced at various 
distances from the illumination fiber, and fluorescence spectra are 
typically measured using the invention. Linear and concentric 
arrangements of the collecting fibers are employed in the invention to 
obtain an intensity distribution of diffusely reflected light, which 
distribution can be used to distinguish samples of different tissues 
for medical purposes.
    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 license would not 
be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.
    Properly filed competing applications for a license filed in 
response to this notice will be treated as objections to the 
contemplated license. Comments and objections submitted in response 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 7, 2001.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 01-12125 Filed 5-14-01; 8:45 am]
BILLING CODE 4140-01-P