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Prospective Grant of Co-Exclusive License: “Endotracheal Tube Using Leak Hole To Lower Resistance and Dead Space”

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National Institutes of Health, Public Health Service, DHHS.




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 (NIH), Department of Health and Human Services, is contemplating the grant of a co-exclusive license worldwide to practice the inventions embodied in: U.S. Application No. 09/967,903, filed September 28, 2001, entitled “Endotracheal Tube Using Leak Hole to Lower Resistance and Dead Space” to Vital Signs, Inc. of Totowa, New Jersey.

The United States of America is the assignee to the patent rights of these inventions. The field of use of the contemplated co-exclusive license may include all medical applications, and the other co-exclusive licensee has not yet been identified.


Only written comments and/or applications for a license that are received by the NIH Office of Technology Transfer on or before December 30, 2002 will be considered.


Requests for a copy of the patent application, inquiries, comments and other materials relating to the contemplated license should be directed to: Dale D. Berkley, Ph.D., J.D. Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 496-7056, ext. 223; Facsimile: (301) 402-0220; e-mail: A signed Confidential Disclosure Agreement will be required to receive copies of the patent application.

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The invention is a tracheal tube ventilation apparatus which, through the use of one or more tube leak holes or connecting tubes positioned in the wall of the endotracheal tube above the larynx, is able to efficiently rid the patient of expired gases and promote healthier breathing. A first stage of the apparatus has a smaller diameter such that it fits within the confined area of the lower trachea and the second stage has a larger diameter, which fits properly within the larger diameter of the patent's pharynx. The endotracheal tube is preferably wire reinforced and ultra-thin walled so as to reduce airway resistance. The invention substantially reduces endotracheal dead space and is expected to benefit those patients with early stage acute respiratory failure, and reduce or obviate the need for mechanical pulmonary ventilation in many patients.

The prospective co-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 co-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.

Properly filed competing applications for a license filed in response to this notice may be treated as objections to the contemplated license. 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.

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Dated: October 9, 2002.

Jack Spiegel,

Director, Division of Technology Development and Transfer, Office of Technology Transfer.

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[FR Doc. 02-27519 Filed 10-28-02; 8:45 am]