Prospective Grant of Exclusive License: Commercializing Instruments, Reagents and Related Products Used for Template-Dependent Sequencing-by-Synthesis of Nucleic Acids at the Single Molecule Level, Wherein a Polymerase Carries the Donor Label, 4880 [05-1683]

Download as PDF 4880 Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Notices DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: Commercializing Instruments, Reagents and Related Products Used for Template-Dependent Sequencingby-Synthesis of Nucleic Acids at the Single Molecule Level, Wherein a Polymerase Carries the Donor Label National Institutes of Health, Public Health Service, HHS. ACTION: Notice. AGENCY: SUMMARY: 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 an exclusive license to practice the invention embodied in Patent Applications U.S. 60/151,580, filed August 29, 1999; PCT/ US00/23736, filed August 29, 2000 and U.S. 10/070,053, filed June 10, 2002; entitled ‘‘High Speed Parallel Molecular Nucleic Acid Sequencing’’, to VisiGen Biotechnologies, Inc., having a place of business in Houston, Texas. The patent rights in this invention have been assigned to the United States of America. Only written comments and/or application for a license that are received by the NIH Office of Technology Transfer on or before April 1, 2005, will be considered. ADDRESSES: Requests for a copy of the patent application, inquiries, comments and other materials relating to the contemplated license should be directed to: Cristina Thalhammer-Reyero, Ph.D., M.B.A., Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852–3804; e-mail: ThalhamC@mail.nih.gov; telephone: 301–435–4507; facsimile: 301–402– 0220. DATES: The invention relates to a method and apparatus for DNA and RNA sequencing, also known as Two Dye Sequencing (TDS). This invention is based on Fluorescence Resonance Energy Transfer (FRET), a technology increasingly in use for several molecular analysis purposes. In particular, the method consists of: (1) Attachment of engineered DNA polymerases labeled with a donor fluorophore to the surface (chamber) of a microscope field of view, (2) addition to the chamber of DNA with an annealed oligonucleotide primer, which is bound by the polymerase, (3) SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 16:59 Jan 28, 2005 Jkt 205001 further addition of four nucleotide triphosphates, each labeled on the base with a different fluorescent acceptor dye, (4) excitation of the donor fluorophore with light of a wavelength specific for the donor but not for any of the acceptors, resulting in the transfer of the energy associated with the excited state of the donor to the acceptor fluorophore for a given nucleotide, which is then radiated via FRET, (5) identification of the nucleotides most recently incorporated into the complementary nucleic acid strand by recording the fluorescent spectrum of the individual dye molecules at specific locations in the microscope field, and (6) converting the sequential spectrum into a DNA sequence for each DNA molecule in the microscope field of view. 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. The field of use may be limited to ‘‘Commercializing Instruments, Reagents and Related Products Used for Template-Dependent Sequencing-bySynthesis of Nucleic Acids at the Single Molecule Level, wherein a Polymerase Carries the Donor Label.’’ 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. Dated: January 21, 2005. Mark L. Rohrbaugh, Director, Office of Technology Transfer, National Institutes of Health. [FR Doc. 05–1683 Filed 1–28–05; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Functions (COAC) Notice of meeting and announcement of membership. ACTION: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 SUMMARY: This notice announces the date, time, and location for the first meeting of the ninth term of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Functions (COAC) and the expected agenda for its consideration. It also announces the new members of the committee. The next meeting of the COAC will be held on Tuesday, February 15, 2005, 9 a.m. to 1 p.m. ADDRESSES: The meeting of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Functions (COAC) will be held in The Ronald Reagan International Trade Center Horizon Ballroom, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 (phone 202– 344–1440; fax 202–344–1969). FOR FURTHER INFORMATION CONTACT: Ms. Monica Frazier, Office of the Assistant Secretary for Border and Transportation Security, Department of Homeland Security, Washington, DC 20528; telephone (202) 282–8431; facsimile (202) 282–8504. SUPPLEMENTARY INFORMATION: The first meeting of the ninth term of Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Functions (COAC) will be held at the date, time and location specified above. This notice announces the expected agenda for its consideration and the new members of the committee. This meeting is open to the public; however, participation in COAC deliberations is limited to COAC members, Homeland Security and Treasury Department officials, and persons invited to attend the meeting for special presentations. Since seating is limited, all persons attending this meeting should provide notice by 2 p.m. e.s.t. on Wednesday, February 9, 2005, to Ms. Monica Frazier, Office of the Assistant Secretary for Border and Transportation Security, Department of Homeland Security, Washington, DC 20528; telephone (202) 282–8431; facsimile (202) 282–8504. Information on Services for Individuals with Disabilities: For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Ms. Monica Frazier, Office of the Assistant Secretary for Border and Transportation Security, Department of Homeland Security, Washington, DC 20528; telephone (202) 282–8431; facsimile (202) 282–8504, as soon as possible. DATES: E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Notices]
[Page 4880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1683]



[[Page 4880]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Commercializing 
Instruments, Reagents and Related Products Used for Template-Dependent 
Sequencing-by-Synthesis of Nucleic Acids at the Single Molecule Level, 
Wherein a Polymerase Carries the Donor Label

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: 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 
an exclusive license to practice the invention embodied in Patent 
Applications U.S. 60/151,580, filed August 29, 1999; PCT/US00/23736, 
filed August 29, 2000 and U.S. 10/070,053, filed June 10, 2002; 
entitled ``High Speed Parallel Molecular Nucleic Acid Sequencing'', to 
VisiGen Biotechnologies, Inc., having a place of business in Houston, 
Texas. The patent rights in this invention have been assigned to the 
United States of America.

DATES: Only written comments and/or application for a license that are 
received by the NIH Office of Technology Transfer on or before April 1, 
2005, will be considered.

ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Cristina Thalhammer-Reyero, Ph.D., M.B.A., 
Office of Technology Transfer, National Institutes of Health, 6011 
Executive Boulevard, Suite 325, Rockville, MD 20852-3804; e-mail: 
ThalhamC@mail.nih.gov; telephone: 301-435-4507; facsimile: 301-402-
0220.

SUPPLEMENTARY INFORMATION: The invention relates to a method and 
apparatus for DNA and RNA sequencing, also known as Two Dye Sequencing 
(TDS). This invention is based on Fluorescence Resonance Energy 
Transfer (FRET), a technology increasingly in use for several molecular 
analysis purposes. In particular, the method consists of: (1) 
Attachment of engineered DNA polymerases labeled with a donor 
fluorophore to the surface (chamber) of a microscope field of view, (2) 
addition to the chamber of DNA with an annealed oligonucleotide primer, 
which is bound by the polymerase, (3) further addition of four 
nucleotide triphosphates, each labeled on the base with a different 
fluorescent acceptor dye, (4) excitation of the donor fluorophore with 
light of a wavelength specific for the donor but not for any of the 
acceptors, resulting in the transfer of the energy associated with the 
excited state of the donor to the acceptor fluorophore for a given 
nucleotide, which is then radiated via FRET, (5) identification of the 
nucleotides most recently incorporated into the complementary nucleic 
acid strand by recording the fluorescent spectrum of the individual dye 
molecules at specific locations in the microscope field, and (6) 
converting the sequential spectrum into a DNA sequence for each DNA 
molecule in the microscope field of view.
    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.
    The field of use may be limited to ``Commercializing Instruments, 
Reagents and Related Products Used for Template-Dependent Sequencing-
by-Synthesis of Nucleic Acids at the Single Molecule Level, wherein a 
Polymerase Carries the Donor Label.''
    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.

    Dated: January 21, 2005.
Mark L. Rohrbaugh,
Director, Office of Technology Transfer, National Institutes of Health.
[FR Doc. 05-1683 Filed 1-28-05; 8:45 am]
BILLING CODE 4140-01-P

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