[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Notices]
[Pages 60694-60695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24386]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Prospective Grant of Exclusive License: Drug and Method for the 
Therapeutic Treatment of Head and Neck Cancer

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

ACTION: None.

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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 an 
exclusive license to practice the inventions embodied in U.S. 
provisional patent application 06/911,227 (DHHS ref. no. E-385-86/0) 
filed September 24, 1986 and issued on January 01, 1990 as USPSN 
4,892,827 (no foreign rights available from DHHS) and entitled 
``Recombinant pseudomonas exotoxins: Construction of an active 
immunotoxin with low side effects,'' U.S. patent application 07/341,361 
(DHHS ref. no. E-135-89/0) filed April 21, 1989 and entitled 
``Recombinant antibody--Toxin fusion protein,'' now abandoned in favor 
of USPASN 07/865,722, U.S. patent application 07/865,722 (DHHS ref. no. 
E-135-89/1), a file-wrapper-continuation of USPASN 07/341,361, filed 
April 08, 1992 and issued as USPSN 6,051,405 on April 18, 2000 and 
entitled, ``Constructs encoding recombinant antibody-toxin fusion 
proteins,'' U.S. patent application 08/461,825 (DHHS ref. no. E-135-89/
2), a divisional of 07/865,722, filed June 05, 1995 and issued as USPSN 
5,863,745 on January 26, 1999 and entitled, ``Recombinant antibody--
Toxin fusion protein, `` and U.S. patent application 08/463,163 (DHHS 
ref. no. E-135-89/3), a divisional of 07/865,722, filed June 05, 1995 
and issued as USPSN 5,696,237 on December 09, 1997 and entitled, 
``Recombinant antibody--Toxin fusion protein,'' to Viventia Biotech, 
Inc., of Toronto Canada. The patent rights in these inventions have 
been assigned to the United States of America.
    The prospective exclusive license territory will be worldwide. The 
field of use may be limited to use of VB4-845-PE immunotoxin targeting 
the Ep-CAM antigen in head and neck cancer.

DATES: Only written comments and/or license applications which are 
received by the National Institutes of Health on or before November 25, 
2002, will be considered.

ADDRESSES: Requests for copies of the patent(s)/patent application(s), 
inquiries, comments and other materials relating to the contemplated 
exclusive license should be directed to: Jonathan V. Dixon, Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: 301.496.7056, x270; Facsimile 301.402.0220; 
e-mail [email protected].
    Technology Brief: The above-referenced patent(s)/patent 
application(s) relate to various immunotoxins, specifically to 
Pseudomonas exotoxin. The patent(s) relate to the synthesis of 
recombinant antibody-toxin fusion proteins, which are capable of 
effectively and selectively killing cells bearing appropriate antigens 
or receptors.

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.


[[Page 60695]]


    Dated: September 18, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-24386 Filed 9-25-02; 8:45 am]
BILLING CODE 4140-01-P