[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Page 12038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6417]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Co-Exclusive License: ``Cloning and 
Expression of cDNA for Human Dihydropyrimidine Dehydrogenase''

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, Department 
of Health and Human Services, is contemplating the grant of a co-
exclusive license to practice the inventions embodied in the 
international patent application WO96/08568 (PCT/US95/12016) related to 
DHHS reference No. E-157-94/3, entitled ``Cloning and expression of 
cDNA for human dihydropyrimidine dehydrogenase,'' to Oncoscreen GmbH of 
Jena, Germany.
    The prospective co-exclusive license territory may be limited to 
Europe and the field of use may be limited to in-vitro diagnostics.

DATES: Only written comments and/or license applications which are 
received by the National Institutes of Health on or before May 17, 
2002, will be considered.

ADDRESSES: Requests for copies of the patent, inquiries, comments and 
other materials relating to the contemplated co-exclusive license 
should be directed to: Matthew B. Kiser, Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3821; 
Telephone: (301) 496-7056, x224; Facsimile: (301) 402-0220; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The technology relates to the DPD gene. 
Cancer patients having a DPD deficiency are at risk of a severe toxic 
reaction to the commonly used anticancer agent 5-fluorouracil (5-FU). 
Claimed are DPD genes from human and pig, methods for detecting the 
level of nucleic acids that encode DPD in patients, and nucleic acids 
that are useful as probes for this purpose. Also claimed are methods 
for expressing DPD in heterologous organisms. Expression vectors that 
employ a DPD nucleic acid as a selectable marker are also claimed.
    The prospective co-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 co-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 co-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: March 8, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-6417 Filed 3-15-02; 8:45 am]
BILLING CODE 4140-01-P