[Federal Register: August 13, 2001 (Volume 66, Number 156)]
[Notices]               
[Page 42554-42555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au01-85]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

 
Prospective Grant of Exclusive License: Melanoma Antigens and 
Their Use in Diagnostic and Therapeutic Methods, and Identification of 
TRP-2 as a New Human Tumor Antigen Recognized by Cytotoxic T 
Lymphocytes

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

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, Department 
of Health and Human Services, is contemplating the grant of an 
exclusive license to practice the inventions embodied in U.S. Patent 
Applications S/N 08/231,565, filed on April 22, 1994, and now U.S. 
Patent 5,874,560, which issued on February 23, 1999; S/N 08/417,174, 
filed on April 5, 1995, and now U.S. Patent 5,844,075; S/N 09/007,961, 
filed on January 16, 1998, and now U.S. Patent 5,994,523, issued 
November 30, 1999; S/N 09/073,138, filed on May 5, 1998; and S/N 09/
267,439, filed on March 12, 1999, all entitled ``Melanoma Antigens and 
Their Use in Diagnostic and Therapeutic Methods' and U.S. Patent 
Applications S/N 08/725,736, filed on October 4, 1996, and now U.S. 
Patent 5,831,016 which issued on November 3, 1998; S/N 09/161,877 (DIV 
of 08/725,736), filed on September 28,

[[Page 42555]]

1998, and now U.S. Patent 6,132,980 which issued on October 17, 2000; 
S/N 09/162,368 (DIV of 08/725,736), filed on September 28, 1998, and 
now U.S. Patent 6,083,703 which issued on July 4, 2000; and S/N 09/
651,210 (DIV of 08/725,736), filed on August 30, 2000, all entitled 
``Identification of TRP-2 as a New Human Tumor Antigen Recognized by 
Cytotoxic T Lymphocytes' and PCT Patent Application PCT/US97/02186 
(based upon U.S. Patent Applications S/N 08/599,602 and 08/725,736) 
filed on February 6, 1997, entitled ``Human Cancer Antigen of 
Tyrosinase-Related Protein 1 and 2 and Genes Encoding Same'', to Mojave 
Therapeutics, Inc. of Tarrytown, New York. The patent rights in these 
inventions have been assigned to the United States of America.
    The prospective exclusive license territory will be worldwide and 
the field of use may be limited to gp100 and/or TRP-2 peptides, 
proteins, glycoproteins, and/or polynucleotides which are covalently or 
non-covalently bound to heat shock proteins for use as 
immunotherapeutic vaccines against melanoma in humans, and specifically 
excluding the use of gp100 and/or TRP-2 in any other manner or form.

DATES: Only written comments and/or license applications which are 
received by the National Institutes of Health on or before October 12, 
2001 will be considered.

ADDRESSES: Requests for copies of the patent/patent applications, 
inquiries, comments and other materials relating to the contemplated 
exclusive license should be directed to: Elaine White, M.B.A., 
Technology Licensing Specialist, Office of Technology Transfer, 
National Institutes of Health, 6011 Executive Boulevard, Suite 325, 
Rockville, MD. 20852-3804; Telephone: (301) 496-7056, x282; Facsimile 
(301) 402-0220; E-mail eg46t@nih.gov.

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: August 2, 2001.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 01-20195 Filed 8-10-01; 8:45 am]
BILLING CODE 4140-01-P