[Federal Register: April 7, 2003 (Volume 68, Number 66)]
[Notices]               
[Page 16803-16804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap03-70]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

 
Prospective Grant of Exclusive License: Diagnostics of Fungal 
Infections

AGENCY: Technology Transfer Office, Centers for Disease Control and 
Prevention (CDC), Department of Health and Human Services.

ACTION: Notice.

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SUMMARY: This is a notice in accordance with 35 U.S.C. 209(c)(1) and 37 
CFR 404.7(a)(1)(i) that the Centers for Disease Control and Prevention 
(CDC), Technology Transfer Office, Department of Health and Human 
Services (DHHS), is contemplating the grant of a worldwide, limited 
field of use, exclusive license to practice the inventions embodied in 
the patent and patent applications referred to below to Transgenomic, 
Inc. (Transgenomic) having a place of business in Omaha, Nebraska. The 
patent rights in these inventions have been assigned to the government 
of the United States of America. The patent and patent applications to 
be licensed are:
    Title: Rapid and Sensitive Method for Detecting Histoplasma 
capsulatum.
    U.S. Patent Application Serial No.: 09/673,298.
    Filing Date: 1/12/2001.
    Domestic Status: Patent No.: 6,469,156.
    Issue Date: 10/22/2002.

    Title: Nucleic Acids for Detecting Aspergillus Species and Other 
Filamentous Fungi.
    U.S. Patent Application Serial No.: 09/423,233.
    Filing Date: 6/27/2000.
    Domestic Status: 6,372,430.
    Issue Date: 4/16/2002.

    Title: Molecular Identification of Aspergillus Species.
    U.S. Patent Application Serial No.: 60/381,463.
    Filing Date: 5/17/2002.
    Domestic Status: Pending.
    Issue Date: N/A.

    Title: Nucleic Acids for the Identification of Fungi and Methods 
for Using the Same.
    U.S. Patent Application Serial No.: 60/325,241.
    Filing Date: 9/26/2001.
    Domestic Status: Pending.
    Issue Date: N/A.

    Title: Nucleic Acids of the M Antigen Gene of Histoplasma 
Capsulatum, Antigens, Vaccines, and Antibodies.
    U.S. Patent Application Serial No.: 09/674,195.
    Filing Date: 10/10/2000.
    Domestic Status: Pending.
    Issue Date: N/A.

    Title: Nucleic Acids for Detecting Fusarium Species and Other 
Filamentous Fungi.
    U.S. Patent Application Serial No.: 10/046,955.
    Filing Date: 1/14/2002.
    Domestic Status: Pending.
    Issue Date: N/A.

    Title: Nucleic Acid Probes for Detecting Candida Species.
    U.S. Patent Application Serial No.: 08/903,446.
    Filing Date: 7/30/1997.
    Domestic Status: 6,242,178.
    Issue Date: 6/5/2001.

    Title: Nucleic Acid Probes for Candida Parapsilosis Methods for 
Detecting Candidiasis in Blood.
    U.S. Patent Application Serial No.: 08/429,520.
    Filing Date: 4/26/1995.
    Domestic Status: 5,688,644.
    Issue Date: 11/18/1997.

    Title: Nucleic Acid Sequences and Methods for Detecting Candida 
tropicalis in Blood.
    U.S. Patent Application Serial No.: 08/429,522.
    Filing Date: 4/26/1995.
    Domestic Status: 5,645,992.
    Issue Date: 7/8/1997.

    Title: Nucleic Acid Probes and Methods for Detecting Candida krusei 
Cells in Blood.
    U.S. Patent Application Serial No.: 08/429,532.
    Filing Date: 4/26/1995.
    Domestic Status: 5,635,353.
    Issue Date: 6/3/1997.

    Title: Nucleic Acid Probes and Methods for Detecting Candida 
glabrata DNA in Blood.
    U.S. Patent Application Serial No.: 08/429,523.
    Filing Date: 4/26/1995.
    Domestic Status: 5,631,132.

[[Page 16804]]

    Issue Date: 5/20/1997.

    Title: Nucleic Acid Probes and Methods for Detecting Candida DNA 
Cells in Blood.
    U.S. Patent Application Serial No.: 08/065,845.
    Filing Date: 5/20/1993.
    Domestic Status: 5,426,027.
    Issue Date: 6/20/1995.
    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.
    Specific DNA (oligonucleotide) probes have been developed for a 
wide variety of systemic disease causing fungi, including Histoplasma 
capsulatum, Aspergillus species, Candida species, Fusarium species, and 
others. A probe has been developed for identification of all dimorphic 
fungi. These probes can be used for the rapid identification of fungal 
pathogens and for the diagnosis of mycotic diseases.

ADDRESSES: Requests for a copy of these patent applications, inquiries, 
comments, and other materials relating to the contemplated license 
should be directed to Andrew Watkins, Director, Technology Transfer 
Office, Centers for Disease Control and Prevention (CDC), 4770 Buford 
Highway, Mailstop K-79, Atlanta, GA 30341, telephone: (770) 488-8610; 
facsimile: (770) 488-8615. Applications for a license filed in response 
to this notice will be treated as objections to the grant of the 
contemplated license. Only written comments and/or applications for a 
license which are received by CDC within sixty days of this notice will 
be considered. Comments and objections submitted in response 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. A signed Confidential Disclosure 
Agreement will be required to receive a copy of any pending patent 
application.

    Dated: March 31, 2003.
James D. Seligman,
Associate Director for Program Services, Centers for Disease Control 
and Prevention (CDC).
[FR Doc. 03-8322 Filed 4-4-03; 8:45 am]

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