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77420 Federal Register / Vol. 70, No.

250 / Friday, December 30, 2005 / Notices

E–017–2003 ‘‘Pattern Recognition of DEPARTMENT OF HEALTH AND using an implantable polymer cylinder
Whole Cell Mass Spectra’’ HUMAN SERVICES containing a drug pellet. In this method,
the thickness of the polymer around the
This invention analyzes mass spectra National Institutes of Health drug pellet is precisely controlled to
(MALDI, SELDI) from a plurality of provide a predictable release rate of the
microorganism sources and biological Prospective Grant of Exclusive
License: Implants for Sustained Ocular drug to the eye. Drug pellets made using
agents. The invention is useful for a modified press are placed in a teflon
diagnosing disease, anticipating Therapeutic Agent Delivery
tube having a silicone base, the top of
epidemic outbreaks, monitoring food AGENCY: National Institutes of Health, the tube is filled with wet silicone and
supplies for contamination, regulating Public Health Service, HHS. the pellet is spun down and centered in
bio-processing operations, and is ACTION: Notice. the teflon tubing. The teflon tubing is
especially useful for detecting agents of removed and the top and bottom ends
war. The invention dramatically SUMMARY: This is notice, in accordance
with 35 U.S.C. 209(c)(1) and 37 CFR of the silicone cylinder surrounding the
improves spectral analysis through pellet are trimmed. Thus, an annulus of
deconvolution of complex spectra by 404.7(a)(1)(i), that the National
Institutes of Health (NIH), Department uniform thickness surrounds the drug
collapsing multiple peaks showing pellet, resulting in a uniform and
different molecular mass originating of Health and Human Services, is
contemplating the grant of an exclusive predictable release rate. The invention
from the same molecular fragment into also comprises a method, apparatus and
worldwide license to practice the
a single peak. The differences in implant design developed for surgical
invention embodied in E–241–1999/0,
molecular mass are apparent differences ‘‘Ocular Therapeutic Agent Delivery subconjunctival implantation to deliver
caused by different charge states of the Devices And Methods For Making And an initial bolus of drug to the eye
fragment and/or different metal ion Using Such Devices;’’ U.S. Patent compartments followed by slow release
adducts of one or more of the charge 6,713,081 issued March 30, 2004 and of drug from the polymer matrix of the
states. The deconvoluted spectrum is expires March 15, 2021; U.S. Patent implant. A pellet of drug (e.g.,
compared to a library of mass spectra Application 10/471,468 filed September cyclosporine) is imbedded between two
acquired from samples of known 12, 2004; and European Patent saucer or disk shaped polyvinyl alcohol
identity to unambiguously determine Application 02723446.7 filed March 14, (PVA) components, forming a ‘‘wafer’’
the identity of one or more components 2002; to Lux Biosciences, a Delaware shaped implant. The drug is also mixed
of the sample undergoing analysis. corporation having a principle place of into the matrix of the PVA itself at a
The prospective exclusive license will business in Jersey City, New Jersey. The nominal 10% concentration. Soon after
be royalty bearing and will comply with United States of America is the assignee
implantation, a high level of drug is
the terms and conditions of 35 U.S.C. of the patent rights of the above
delivered to the eye for the first month
inventions.
209 and 37 CFR 404.7. The prospective The contemplated exclusive license and, thereafter, the embedded pellet
exclusive license may be granted unless, may be granted in the field of ocular sustains a continuous release of the
within sixty (60) days from the date of cyclosporine A delivery for the drug.
this published notice, NIH receives treatment of graft-versus-host-disease- The invention has also been described
written evidence and argument that associated dry eye and Sjögren’s along with preclinical data in a recent
establishes that the grant of the license Syndrome. publication by Kim et al. (2005) IOVS
would not be consistent with the 46(2):655–662, ‘‘Preclinical Evaluation
DATES: Only written comments and/or
requirements of 35 U.S.C. 209 and 37 of a Novel Episcleral Cyclosporine
applications for a license received by
CFR 404.7. the NIH Office of Technology Transfer Implant for Ocular Graft-Versus-Host
Properly filed competing applications on or before February 28, 2006 will be Disease.’’
for a license filed in response to this considered. The prospective exclusive license will
notice will be treated as objections to ADDRESSES: Requests for a copy of the be royalty bearing and will comply with
the contemplated license. Comments patent applications, inquiries, the terms and conditions of 35 U.S.C.
and objections submitted in response to comments and other materials relating 209 and 37 CFR 404.7. The prospective
this notice will not be made available to the contemplated license should be exclusive license may be granted unless,
for public inspection, and, to the extent directed to: Michael A. Shmilovich, within sixty (60) days from the date of
permitted by law, will not be released Esq., Office of Technology Transfer, this published notice, NIH receives
under the Freedom of Information Act, National Institutes of Health, 6011 written evidence and argument that
5 U.S.C. 552. Executive Boulevard, Suite 325,
establishes that the grant of the license
Rockville, MD 20852–3804; Telephone:
Dated: December 14, 2005. would not be consistent with the
(301) 435–5019; Facsimile: (301) 402–
Steven M. Ferguson, 0220; E-mail: shmilovm@mail.nih.gov. requirements of 35 U.S.C. 209 and 37
Director, Division of Technology Development A signed confidentiality nondisclosure CFR 404.7.
and Transfer, Office of Technology Transfer, agreement may be required to receive Properly filed competing applications
National Institutes of Health. copies of the patent applications. for a license filed in response to this
[FR Doc. E5–8133 Filed 12–29–05; 8:45 am] SUPPLEMENTARY INFORMATION: The patent notice will be treated as objections to
BILLING CODE 4140–01–P applications intended for licensure the contemplated license. Comments
disclose and/or cover the following: E– and objections submitted in response to
241–1999/0, ‘‘Ocular Therapeutic Agent this notice will not be made available
wwhite on PROD1PC61 with NOTICES

Delivery Devices And Methods For for public inspection, and, to the extent
Making And Using Such Devices.’’ The permitted by law, will not be released
invention is a method and apparatus for under the Freedom of Information Act,
delivering a precisely controlled amount 5 U.S.C. 552.
of drug to the eye on a sustained basis

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Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Notices 77421

Dated: December 21, 2005. Circularly Permuted Ligands’’ [E–047– change the conformation of certain
Steven M. Ferguson, 1994/0–DE–10]; Austria Patent No. proteins so that they can be more
Director, Division of Technology Development 0754192, issued on January 29, 2003, effectively used as therapeutics.
and Transfer, Office of Technology Transfer, entitled ‘‘Fusion Proteins Comprising Specifically, growth factors such as IL–
National Institutes of Health. Circularly Permuted Ligands’’ [E–047– 4 can be used in fusion proteins to target
[FR Doc. E5–8120 Filed 12–29–05; 8:45 am] 1994/0–AT–11]; Australia Patent No. cell surface receptors. Accordingly,
BILLING CODE 4140–01–P 694211, issued on November 5, 1998, these growth factors can be used, when
entitled ‘‘Fusion Proteins Comprising linked with cytotoxic moieties (i.e.,
Circularly Permuted Ligands’’ [E–047– Pseudomonas Exotoxin), to target and
DEPARTMENT OF HEALTH AND 1994/0–AU–12]; Belgium Patent No. then kill desired cells. These circularly
HUMAN SERVICES 0754192, issued on January 29, 2003,
permuted molecules are advantageous
entitled ‘‘Fusion Proteins Comprising
National Institutes of Health over prior molecules in that they allow
Circularly Permuted Ligands’’ [E–047–
1994/0–BE–13]; Canada Patent No. greater binding specificity of an
Prospective Grant of Exclusive immunotoxin to the targeted cell. This
2187283, filed on April 6, 1995, entitled
License: Fusion Proteins Comprising change in conformation is a result of the
Circularly Permuted Ligands ‘‘Fusion Proteins Comprising Circularly
Permuted Ligands’’ [E–047–1994/0–CA– production of new carboxyl and amino
AGENCY: National Institutes of Health, 14]; European Patent No. 0754192, termini. The new termini are located
Public Health Service, HHS. issued on January 29, 2003, entitled away from the active binding site and
ACTION: Notice. ‘‘Fusion Proteins Comprising Circularly hence cause less steric hindrance
Permuted Ligands’’ [E–047–1994/0–EP– between the active site and the fused
SUMMARY: This is notice, in accordance 15]; France Patent No. 0754192, issued protein. Hence, the targeting moiety is
with 35 U.S.C. 209(c)(1) and 37 CFR on January 29, 2003, entitled ‘‘Fusion closer to its native conformation.
404.7(a)(1)(i), that the National Proteins Comprising Circularly Without such a conformational change,
Institutes of Health, Department of Permuted Ligands’’ [E–047–1994/0–FR– binding specificity for the immunotoxin
Health and Human Services, is 16]; Ireland Patent No. 0754192, issued is greatly reduced. Therefore, these
contemplating the grant of an exclusive on January 29, 2003, entitled ‘‘Fusion circularly permuted molecules allow for
patent license to practice the inventions Proteins Comprising Circularly greater binding specificity without
embodied in United States Patent No. Permuted Ligands’’ [E–047–1994/0–IE– retarding the cytotoxicity of the toxin to
4,892,827, issued on January 9, 1990, 17]; Liechtenstein Patent No. 0754192,
entitled ‘‘Recombinant Pseudomonas which they are bound.
issued on January 29, 2003, entitled
Exotoxin: Construction Of An Active The prospective exclusive license will
‘‘Fusion Proteins Comprising Circularly
Immunotoxin With Low Side Effects’’ Permuted Ligands’’ [E–047–1994/0–LI– be royalty bearing and will comply with
[E–385–1986/0–US–01]; U.S. Patent No. 18]; and U.S. Patent No. 6,011,002, the terms and conditions of 35 U.S.C.
5,635,599, issued on June 3, 1997, issued on January 4, 2000, entitled 209 and 37 CFR 404.7. The prospective
entitled ‘‘Fusion Proteins Comprising ‘‘Circularly Permutated Ligands And exclusive license may be granted unless
Circularly Permuted Ligands’’ [E–047– Circularly Permuted Chimeric within sixty (60) days from the date of
1994/0–US–01]; PCT Patent Application this published notice, the NIH receives
Molecules’’ [E–047–1994/1–US–01] to
No. PCT/US95/04468, filed April 6, written evidence and argument that
Protox Therapeutics, Inc., which has
1995, entitled ‘‘Fusion Proteins establishes that the grant of the license
offices in Vancouver, British Columbia,
Comprising Circularly Permuted would not be consistent with the
Canada. The patent rights in these
Ligands’’ [E–047–1994/0–PCT–02]; requirements of 35 U.S.C. 209 and 37
inventions have been assigned to the
Switzerland Patent No. 0754192, issued
United States of America. CFR 404.7.
on January 29, 2003, entitled ‘‘Fusion The prospective exclusive license
Proteins Comprising Circularly Applications for a license in the field
territory may be worldwide, and the of use filed in response to this notice
Permuted Ligands’’ [E–047–1994/0–CH–
field of use may be limited to the use will be treated as objections to the grant
03]; Spain Patent No. 0754192, issued
of Interleukin-4/cytotoxin fusion
on January 29, 2003, entitled ‘‘Fusion of the contemplated exclusive license.
proteins for the treatment of cancer.
Proteins Comprising Circularly Comments and objections submitted to
DATES: Only written comments and/or
Permuted Ligands’’ [E–047–1994/0–ES– this notice will not be made available
04]; United Kingdom Patent No. applications for a license which are
for public inspection and, to the extent
0754192, issued on January 29, 2003, received by the NIH Office of
permitted by law, will not be released
entitled ‘‘Fusion Proteins Comprising Technology Transfer on or before
February 28, 2006 will be considered. under the Freedom of Information Act,
Circularly Permuted Ligands’’ [E–047– 5 U.S.C. 552.
1994/0–GB–05]; Italy Patent No. ADDRESSES: Requests for copies of the
0754192, issued on January 29, 2003, patent application, inquiries, comments, Dated: December 14, 2005.
entitled ‘‘Fusion Proteins Comprising and other materials relating to the Steven M. Ferguson,
Circularly Permuted Ligands’’ [E–047– contemplated exclusive license should Director, Division of Technology Development
1994/0–IT–06]; Luxembourg Patent No. be directed to: Jesse S. Kindra, J.D., and Transfer, Office of Technology Transfer,
0754192, issued on January 29, 2003, M.S., Technology Licensing Specialist, National Institutes of Health.
entitled ‘‘Fusion Proteins Comprising Office of Technology Transfer, National [FR Doc. E5–8131 Filed 12–29–05; 8:45 am]
Circularly Permuted Ligands’’ [E–047– Institutes of Health, 6011 Executive BILLING CODE 4140–01–P
1994/0–LU–07]; Netherlands Patent No. Boulevard, Suite 325, Rockville, MD
0754192, issued on January 29, 2003, 20852–3804; Telephone: (301) 435–
wwhite on PROD1PC61 with NOTICES

entitled ‘‘Fusion Proteins Comprising 5559; Facsimile: (301) 402–0220; E-mail:


Circularly Permuted Ligands’’ [E–047– kindraj@mail.nih.gov.
1994/0–NL–09]; German Patent No. SUPPLEMENTARY INFORMATION: The
0754192, issued on January 29, 2003, technology relates to circularly
entitled ‘‘Fusion Proteins Comprising permuted ligands having the ability to

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