[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Notices]
[Page 39525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13460]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Method for Diagnosis of 
Atherosclerosis

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

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 (NIH), 
Department of Health and Human Services (HHS), is contemplating the 
grant of an exclusive license worldwide to practice the invention 
embodied in: Provisional Patent Application Serial No. 60/607,031 filed 
9/3/2004, and Provisional Patent Application Serial No. 60/618,275 
filed 10/12/2004 titled ``Method for Diagnosis of Atherosclerosis'' 
referenced at HHS as E-276-2004/0-US-01 and E-276-2004/0-US-01 
respectively to Biosite, Inc., having a place of business in the state 
of California. The field of use may be limited to an FDA approved 
clinical diagnostic product for atherosclerosis. The United States of 
America is the assignee of the patent rights in this invention. The 
territory may be worldwide. This announcement is the first notice to 
grant an exclusive license to this technology.

DATES: Only written comments and/or application for a license, which 
are received by the NIH Office of Technology Transfer on or before 
September 6, 2005 will be considered.

ADDRESSES: Requests for a copy of the patent applications, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Fatima Sayyid, Technology Licensing Specialist, 
Office of Technology Transfer, National Institutes of Health, 6011 
Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: 
(301) 435-4521; Facsimile: (301) 402-0220; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The subject provisional patent applications 
are related to the field of vascular disease and markers expressed in 
peripheral blood or secreted into serum. Specifically, the claims are 
directed to a method of diagnosing atherosclerosis or determining the 
progression of atherosclerosis in a subject by assaying the expression 
of FOS, DUSP1, or both FOS and DUSP1 in monocytes from the subject 
wherein an increased expression of either or both markers indicates 
atherosclerosis or severity of atherosclerosis in a subject.
    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 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 will 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: June 30, 2005.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 05-13460 Filed 7-7-05; 8:45 am]
BILLING CODE 4140-01-P