[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Notices]
[Pages 66482-66483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30717]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: ``Immunoconjugates Having 
High Binding Affinity''

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

ACTION: Notice.

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SUMMARY: This 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 
world-wide license to U.S. Patent Applications 09/321,490, entitled: 
``Immunoconjugates Having High Binding Affinity'' and corresponding 
foreign patent applications to NeoPharm, Inc. having a place of 
business in Bannockburn, Illinois. The patent rights in these 
inventions have been assigned to the United States of America and the

[[Page 66483]]

contemplated license may be limited to the use of the SS(dsFv)-PE38 
immunotoxin and relevant patent applications for the therapeutic 
treatment of ovarian cancer and mesotheliomas.

DATES: Only written comments and/or applications for a license which 
are received by NIH on or before February 24, 2000 will be considered.

ADDRESSES: Requests for copies of the patent applications, inquiries, 
comments and other materials relating to the contemplated licenses 
should be directed to: J.R. Dixon, Ph.D., Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-
3804. Telephone: (301) 496-7735 ext. 206; Facsimile: (301) 402-0220. A 
signed Confidentiality Agreement will be required to receive copies of 
the patent applications.

SUPPLEMENTARY INFORMATION: The technology disclosed in USPA 09/321,490 
relates to anti-mesothelin antibodies, including Fv molecules, with a 
particular high affinity for mesothelin, and immunoconjugates employing 
them. Also, described are DNA sequences plus diagnostic and therapeutic 
methods using the antibodies. The anti-mesothelin antibodies are well-
suited for the diagnosis and treatment of cancers of the ovary, 
stomach, squamous cells, mesotheliomas, and other malignant cells 
expressing mesothelin.

    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 ninety 
(90) 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 the use of the SS(dsFv)-PE-38 
immunotoxin under the relevant patent applications for the therapeutic 
treatment of ovarian cancer and mesotheliomas.
    Applications for a license [i.e., completed ``Application for 
License to Public Health Service Inventions] in the field of use of the 
SS(dsFv)-PE38 immunotoxin and the relevant Patent Applications for the 
therapeutic treatment of ovarian cancer and mesotheliomas filed in 
response to this notice will be treated as objections to the grant of 
the contemplated license. Comments and objections will not be made 
available for public inspection and, to the extent by law, will not be 
subject to disclosure under the Freedom of Information Act, 5 U.S.C. 
552.

    Dated: November 16, 1999.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 99-30717 Filed 11-24-99; 8:45 am]
BILLING CODE 4140-01-M