[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Page 68070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22319]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Cleaning Mucus From 
Endotracheal Tubes

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, is contemplating the grant of 
an exclusive worldwide license to practice the invention embodied in E-
061-2004/0, ``Mucus Shaving Apparatus for Endotracheal Tubes'' (Patent 
Application Ser. No. 10/773,570 filed February 5, 2004), and E-061-
2004/1, ``Mucus Shaving Apparatus for Endotracheal Tubes with 
Bacteriocidal Properties'' (International Patent Application PCT/
US2005/003395 filed February 5, 2005), to C.R. Bard, Inc., a New Jersey 
corporation having its headquarters in Murray Hill, New Jersey and a 
division, Bard Medical Division, having offices in Covington, GA. The 
United States of America is the assignee of the patent rights of the 
above invention.
    The contemplated exclusive license may be granted in the field of 
cleaning mucus deposits from endotracheal tubes.

DATES: Only written comments and/or applications for a license received 
by the NIH Office of Technology Transfer on or before January 9, 2006 
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: Michael A. Shmilovich, Esq., Office of 
Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-
5019; Facsimile: (301) 402-0220; E-mail: [email protected]. A 
signed confidentiality nondisclosure agreement will be required to 
receive copies of the patent applications.

SUPPLEMENTARY INFORMATION: The patent applications intended for 
licensure disclose and/or cover the following: E-061-2004/0, ``Mucus 
Shaving Apparatus for Endotracheal Tubes,'' and E-061-2004/1, ``Mucus 
Shaving Apparatus for Endotracheal Tubes with Bactericidal 
Properties.''
    This invention is an endotracheal tube cleaning apparatus for 
insertion into the inside of the endotracheal tube of a patient to 
shave away mucus deposits. This cleaning apparatus comprises a flexible 
central tube with an inflatable balloon at its distal end. Affixed to 
the inflatable balloon are one or more shaving rings, each having a 
squared leading edge to shave away mucus accumulations implicated in 
bacterial accumulation. In operation, the un-inflated cleaning 
apparatus is inserted into the endotracheal tube until its distal end 
is properly aligned with the distal end of the endotracheal tube. After 
proper alignment, the balloon is inflated by a suitable inflation 
device (e.g., a syringe) until the balloon's shaving rings are pressed 
against the inside surface of the endotracheal tube. The cleaning 
apparatus is then pulled out of the endotracheal tube and in the 
process the balloon's shaving rings shave off the mucus deposits from 
the inside of the endotracheal tube.
    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, 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: October 31, 2005.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 05-22319 Filed 11-8-05; 8:45 am]
BILLING CODE 4140-01-P