[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Notices]
[Page 10239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4798]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Zap 70 Protein Expression 
in Chronic Lymphocytic Leukemia (CLL)

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

ACTION: Notice.

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SUMMARY: This is a 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 Appl. Serial No. 60/375,966 (DHHS ref. no. E-091-
2002/0-US-01) filed April 25, 2002, U.S. Patent Appl. Serial No. 10/
309,548 (DHHS ref. no. E-091-2002/0-US-02), and Canadian Patent 
Application No. 2413475, all entitled ``Zap 70 Expression as a Marker 
for Chronic Lymphocytic Leukemia (CLL)/Small Lymphocytic Lymphoma (CLL/
SLL),'' to Cell Signaling Technology, Inc., of Beverly, Massachusetts. 
The patent rights in these inventions have been assigned to the United 
States of America.
    The prospective exclusive license territory may be worldwide. The 
field of use may be limited to the use of antibody based products to 
diagnose chronic lymphocytic leukemia, wherein the antibody based 
products are regulated.

DATES: Only written comments and/or license applications which are 
received by the National Institutes of Health on or before May 3, 2004 
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: Catherine M. Joyce, 
Intellectual Property Management Specialist, Office of Technology 
Transfer, National Institutes of Health, 6011 Executive Boulevard, 
Suite 325, Rockville, MD 20852-3804; Telephone 301-435-5031; Facsimile 
301-402-0220; E-mail [email protected].
    Technology Brief: The above-referenced patent(s)/patent 
application(s) relate to the discovery that detection of Zap70 
expression can be used to diagnose chronic lymphocytic leukemia/small 
lymphocytic lymphoma (CLL/SLL). In particular, Zap70 expression can be 
used to distinguish between two subpopulations of CLL/SLL patients: (1) 
Patients who have stable or slowly progressing disease requiring late 
or no treatment or (2) patients who had progressive clinical course 
requiring early treatment.

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.

    Dated: February 26, 2004.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 04-4798 Filed 3-3-04; 8:45 am]
BILLING CODE 4140-01-P