NIH Fed. Reg. Announcement, Oct. 23, 1995 Federal Register announcement published October 23, 1995, by the NIH

[Federal Register: October 23, 1995 (Volume 60, Number 204)]
[Page 54380]
From the Federal Register Online via GPO Access [] -----------------------------------------------------------------------

National Institutes of Health

Prospective Grant of Exclusive License: Melanoma Antigens and
Their Use in Diagnostic and Therapeutic Methods

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

ACTION: Notice.


SUMMARY: This is notice in accordance with 15 U.S.C. 209(c)(1) and 37
CFR 404.7(a)(1)(i) that the National Institutes of Health (NIH),
Department of Health and Human Services, is contemplating the grant of
an exclusive world-wide license to practice the invention embodied in
U.S. Patent Application Serial Number 08/231,565, entitled ``Melanoma
Antigens and Their Use in Diagnostic and Therapeutic Methods'' and
related foreign patent applications to Therion Biologics Corporation,
of Cambridge, Massachusetts. The patent rights in this invention have
been assigned to the United States of America.
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.
This license will be limited to the field of treatment and/or
prevention of cancer in humans using recombinant poxviruses comprising
melanoma antigens. The melanoma antigens may be limited to MART-1 and
gp100, encoded by Sequence ID Nos. 1 and 26 (described in patent
application 08/231,565), respectively, and fragments thereof. This
prospective exclusive license may be granted unless within 60 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 patent application describes nucleic acid sequences that encode
novel melanoma antigens MART-1 and gp100, recombinant protein MART-1
and gp100, peptides from MART-1 and gp100 which react with tumor
infiltrating lymphocytes (TIL cells), and recombinant expression
vectors comprising nucleic acids that encode MART-1 or gp100, and
fragments thereof.

ADDRESSES: Requests for a copy of this patent application (which
require a signed confidential disclosure agreement), inquiries,
comments and other materials relating to the contemplated license
should be directed to: Raphe Kantor, Ph.D., Office of Technology
Transfer, National Institutes of Health, 6011 Executive Boulevard,
Suite 325, Rockville, MD 20852; Telephone: 301/496-7735, ext 247;
Facsimile: 301/402-0220. 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 NIH on or before December 22, 1995 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.

Dated: October 11, 1995.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 95-26189 Filed 10-20-95; 8:45 am]