[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Notices]
[Page 65992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27519]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Co-Exclusive License: ``Endotracheal Tube 
Using Leak Hole To Lower Resistance and Dead Space''

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

ACTION: Notice.

-----------------------------------------------------------------------

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 
a co-exclusive license worldwide to practice the inventions embodied 
in: U.S. Application No. 09/967,903, filed September 28, 2001, entitled 
``Endotracheal Tube Using Leak Hole to Lower Resistance and Dead 
Space'' to Vital Signs, Inc. of Totowa, New Jersey.
    The United States of America is the assignee to the patent rights 
of these inventions. The field of use of the contemplated co-exclusive 
license may include all medical applications, and the other co-
exclusive licensee has not yet been identified.

DATES: Only written comments and/or applications for a license that are 
received by the NIH Office of Technology Transfer on or before December 
30, 2002 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 tracheal tube ventilation 
apparatus which, through the use of one or more tube leak holes or 
connecting tubes positioned in the wall of the endotracheal tube above 
the larynx, is able to efficiently rid the patient of expired gases and 
promote healthier breathing. A first stage of the apparatus has a 
smaller diameter such that it fits within the confined area of the 
lower trachea and the second stage has a larger diameter, which fits 
properly within the larger diameter of the patent's pharynx. The 
endotracheal tube is preferably wire reinforced and ultra-thin walled 
so as to reduce airway resistance. The invention substantially reduces 
endotracheal dead space and is expected to benefit those patients with 
early stage acute respiratory failure, and reduce or obviate the need 
for mechanical pulmonary ventilation in many patients.
    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 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 may 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: October 9, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-27519 Filed 10-28-02; 8:45 am]
BILLING CODE 4140-01-P