Prospective Grant of Exclusive License: ``Ultra Thin Walled Wire Reinforced Endotracheal Tubing''

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Prospective Grant of Exclusive License: ``Ultra Thin Walled Wire

Reinforced Endotracheal Tubing''

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

ACTION: Notice.

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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, Department

of Health and Human Services, is contemplating the grant of an

exclusive license to practice the inventions embodied in U.S. Patent

Application S/N 08/645, 887 entitled, ``Ultra Thin Walled Wire

Reinforced Endotracheal Tubing'' filed on May 15, 1996 and now U.S.

Patent 5,722,395 which issued on March 3, 1998 to Vital Signs, Inc. of

Totowa, New Jersey. The patent rights in these inventions have been

assigned to the United States of America.

The prospective exclusive license territory will be for the United

States.

DATES: Only written comments and/or application for a license which are

received by the NIH Office of Technology Transfer on or before March

29, 1999 will be considered.

ADDRESSES: Requests for copies of the patent, inquiries, comments and

other materials relating to the contemplated exclusive license should

be directed to: Richard U. Rodriguez, M.B.A., 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. 287; Facsimile: 301/402-0220; E-mail:

[email protected].

SUPPLEMENTARY INFORMATION: U.S. Patent 5,722,395 claims an ultra thin

walled wire reinforced endotracheal tubing which includes a thin walled

tubing comprising a polymeric material having a spring material

incorporated therewith. Utilization of the spring wire material in

combination with polymeric material results in a reduced wall thickness

which results in a significant decrease in resistance to air flow

through the endotracheal tubing and therefore should permit a patient

to breathe in a more relaxed fashion so as not to become exhausted. The

endotracheal tubing of the present invention is made by depositing a

dissolvable polymeric material onto a rotating mandrel in successive

layers. A spring material is also applied around the mandrel to produce

the ultra thin walled wire reinforced endotracheal tubing.

The prospective exclusive license: will be royalty-bearing; will

comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7;

and it will be structured in such a way not to preclude the U.S. Public

Health Service from licensing the patent rights of U.S. Patents

5,305,740, 5,429,127, 5,537, 729, 5,711,296 and 5,785,998 and allowing

appropriate licensees the right to practice these patent rights

worldwide.

The prospective exclusive license may be granted unless within

sixty (60) days from the date of this published notice, the NIH

receives written evidence and argument that establish 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 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 20, 1999.

Jack Spiegel,

Director, Division of Technology Development and Transfer, Office of

Technology Transfer.

[FR Doc. 99-1727 Filed 1-25-99; 8:45 am]

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