[Federal Register Volume 65, Number 110 (Wednesday, June 7, 2000)]
[Page 36159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14341]



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.


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: [email protected].

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 
    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]