[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Page 75240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32058]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7603-6]


Intent To Grant Exclusive License

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to grant an exclusive license.

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SUMMARY: Pursuant to 35 U.S.C. 207 and 37 CFR part 404, EPA hereby 
gives notice of its intent to grant an exclusive, royalty-bearing, 
revocable license to practice the invention described and claimed in 
the patent application listed below, all U.S. patents issuing 
therefrom, and all reexamined and reissued patents granted in the 
United States in connection with such patent application to Analytical 
Engineering, Incorporated of Columbus, Indiana. The patent application 
is:
    U.S. Patent Application No. 10/306,044, entitled ``Exhaust 
Aftertreatment System and Method for an Internal Combustion Engine,'' 
filed November 27, 2002 and claiming priority from the first filed 
provisional application, filed November 29, 2001.
    Normally, 37 CFR 404.7(a)(1) requires an agency to issue both a 
notice of availability of an invention for exclusive licensing, as well 
as a notice of intent to grant the exclusive license. However, EPA has 
authority under the same 37 CFR 404.7(a)(1) to proceed without a notice 
of availability when expeditious transfer of rights will best serve the 
interest of the Federal government and the public. Under that 
authority, EPA has decided not to issue a notice of availability of 
this invention for licensing. Analytical Engineering, Incorporated is 
co-owner by assignment from its employee inventors of an undivided 
interest in the invention. It is unlikely that any other party would be 
willing to take a license from EPA on a patent application or patent 
encumbered by co-ownership. Accordingly, EPA is relying on its 
authority under 37 CFR 404.7(a)(1) to proceed without such notice of 
availability.
    The proposed exclusive license will contain appropriate terms, 
limitations and conditions in accordance with the limitations and 
conditions of 35 U.S.C. 209 and 37 CFR 404.5 and 404.7 of the U.S. 
Government patent licensing regulations.
    EPA will negotiate the final terms and conditions and execute the 
exclusive license, unless within 30 days from the date of this Notice, 
EPA receives, at the address below, written objections to the grant, 
together with supporting documentation. The documentation from 
objecting parties having an interest in practicing the above patent 
application should include an application for an exclusive or 
nonexclusive license with the information set forth in 37 CFR 404.8. 
The EPA Patent Counsel and other EPA officials will review all written 
responses and then make recommendations on a final decision to the 
Director of the National Vehicle Fuel Emissions Laboratory, who has 
been delegated the authority to issue patent licenses under EPA 
Delegation 1-55.

DATES: Comments to this notice must be received by EPA at the address 
listed below by January 29, 2004.

FOR FURTHER INFORMATION CONTACT: Laura Scalise, Patent Attorney, Office 
of General Counsel (Mail Code 2377A), U.S. Environmental Protection 
Agency, Washington, DC 20460, telephone (202) 564-8303.

    Dated: December 10, 2003.
Marla E. Diamond,
Associate General Counsel.
[FR Doc. 03-32058 Filed 12-29-03; 8:45 am]
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