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Prospective Grant of Exclusive License: Method for Diagnosis of Atherosclerosis

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National Institutes of Health, Public Health Service, HHS.




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 (HHS), is contemplating the grant of an exclusive license worldwide to practice the invention embodied in: Provisional Patent Application Serial No. 60/607,031 filed 9/3/2004, and Provisional Patent Application Serial No. 60/618,275 filed 10/12/2004 titled “Method for Diagnosis of Atherosclerosis” referenced at HHS as E-276-2004/0-US-01 and E-276-2004/0-US-01 respectively to Biosite, Inc., having a place of business in the state of California. The field of use may be limited to an FDA approved clinical diagnostic product for atherosclerosis. The United States of America is the assignee of the patent rights in this invention. The territory may be worldwide. This announcement is the first notice to grant an exclusive license to this technology.


Only written comments and/or application for a license, which are received by the NIH Office of Technology Transfer on or before September 6, 2005 will be considered.


Requests for a copy of the patent applications, inquiries, comments and other materials relating to the contemplated license should be directed to: Fatima Sayyid, Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-4521; Facsimile: (301) 402-0220; e-mail:

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The subject provisional patent applications are related to the field of vascular disease and markers expressed in peripheral blood or secreted into serum. Specifically, the claims are directed to a method of diagnosing atherosclerosis or determining the progression of atherosclerosis in a subject by assaying the expression of FOS, DUSP1, or both FOS and DUSP1 in monocytes from the subject wherein an increased expression of either or both markers indicates atherosclerosis or severity of atherosclerosis in a subject.

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. The 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.

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 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: June 30, 2005.

Steven M. Ferguson,

Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health.

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[FR Doc. 05-13460 Filed 7-7-05; 8:45 am]