[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30390-30391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10478]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Co-Exclusive License: Developing, 
Manufacturing and Selling Instruments, Reagents and Related Products 
and Providing Services Involving Sequencing Nucleic Acids, Including 
Without Limitations Diagnostic Devices and Services

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 
a co-exclusive license to practice the invention embodied in Patent 
Applications U.S. 60/151,580, filed August 29, 1999; PCT/US00/23736, 
filed August 29, 2000, U.S. 6,982,146 issued January 3, 2006, and USSN 
11/204,367, filed August 12, 2005; entitled ``High Speed Parallel 
Molecular Nucleic Acid Sequencing'', to Invitrogen Corporation having a 
place of business in Carlsbad,

[[Page 30391]]

California. The patent rights in this invention have been assigned to 
the United States of America.

DATES: Only written comments and/or application for a license that are 
received by the NIH Office of Technology Transfer on or before July 30, 
2007 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: Cristina Thalhammer-Reyero, PhD, M.B.A., Office 
of Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Suite 325, Rockville, MD 20852-3804; E-mail: 
[email protected]; Telephone: 301-435-4507; Facsimile: 301-402-
0220.

SUPPLEMENTARY INFORMATION: The invention relates to a method and 
apparatus for high-speed, parallel molecular nucleic acid sequencing, 
also known as Two Dye Sequencing (TDS). This invention is based on 
Fluorescence Resonance Energy Transfer (FRET), a technology 
increasingly in use for several molecular analysis purposes. In 
particular, the method consists of: (1) Attachment of engineered DNA 
polymerases labeled with a donor fluorophore to the surface (chamber) 
of a microscope field of view, (2) addition to the chamber of DNA with 
an annealed oligonucleotide primer and template, which is bound by the 
polymerase, (3) further addition of four nucleotide triphosphates, each 
labeled on the base with a different fluorescent acceptor dye, (4) 
excitation of the donor fluorophore with light of a wavelength specific 
for the donor but not for any of the acceptors, resulting in the FRET 
transfer of the energy associated with the excited state of the donor 
to the acceptor fluorophore for a given nucleotide, which is then 
radiated, (5) identification of the nucleotides most recently added to 
the primer by recording the fluorescent spectrum of the individual dye 
molecules at specific locations in the microscope field, and (6) 
converting the sequential spectrum into a DNA sequence for each DNA 
molecule in the microscope field of view.
    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.
    The field of use may be limited to ``Developing, manufacturing and 
selling instruments, reagents and related products and providing 
services involving sequencing nucleic acids, including without 
limitations diagnostic devices and services''.
    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: May 24, 2007.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. E7-10478 Filed 5-30-07; 8:45 am]
BILLING CODE 4140-01-P