[Federal Register Volume 65, Number 110 (Wednesday, June 7, 2000)]
[Notices]
[Page 36159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-14341]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of Co-exclusive License: ``Ultra Thin Walled
Wire Reinforced Endotracheal Tubing''
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 a co-
exclusive license to practice the inventions embodied in U.S. Patent
Application S/N 08/645,887 entitled, ``Ultra Thin Walled Wire
Reinforced Endotracheal Tubing'' filed on May 15, 1996 and now U.S.
Patent 5,722,395 which issued on March 3, 1998 to Mallinckrodt, Inc. of
St. Louis, MO. The patent rights in these inventions have been assigned
to the United States of America.
The prospective co-exclusive license territory will be for the
United States.
DATES: Only written comments and/or application for a license which are
received by the NIH Office of Technology Transfer on or before August
7, 2000 will be considered.
ADDRESSES: Requests for copies of the patent, inquiries, comments and
other materials relating to the contemplated exclusive license should
be directed to: Girish C. Barua, Ph.D., Office of Technology Transfer,
National Institutes of Health, 6011 Executive Boulevard, Suite 325,
Rockville, MD. 20852-3804. Telephone: 301/496-7056, ext. 263;
Facsimile: 301/402-0220; E-mail: gb18t@nih.gov.
SUPPLEMENTARY INFORMATION: U.S. Patent 5,722,395 claims an ultra thin
walled wire reinforced endotracheal tubing which includes a thin walled
tubing comprising a polymeric material having a spring material
incorporated therewith. Utilization of the spring wire material in
combination with polymeric material results in a reduced wall thickness
which results in a significant decrease in resistance to air flow
through the endotracheal tubing and therefore should permit a patient
to breathe in more relaxed fashion so as not to become exhausted. The
endotracheal tubing of the present invention is made by depositing a
dissolvable polymeric material onto a rotating mandrel in successive
layers. A spring material is also applied around the mandrel to produce
the ultra thin walled wire reinforced endotracheal tubing.
The prospective co-exclusive license: will be royalty-bearing; will
comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7;
and it will be structured in such a way not to preclude the U.S. Public
Health Service from licensing the patent rights of U.S. Patents
5,305,740, 5,429,127, 5,537,729, 5,711,296 and 5,785,998 and allowing
appropriate licensees the right to practice these patent rights
worldwide.
The prospective co-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.
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 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 30, 2000.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of
Technology Transfer.
[FR Doc. 00-14341 Filed 6-6-00; 8:45 am]
BILLING CODE 4140-01-M