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36716 Federal Register / Vol. 72, No.

128 / Thursday, July 5, 2007 / Notices

National Institutes of Health Peer DEPARTMENT OF HEALTH AND sample. They found that decreased
Review Advisory Committee. HUMAN SERVICES numbers of EPCs correlate significantly
The meeting will be open to the with decreased vascular function. A
National Institutes of Health diagnostic test developed utilizing this
public, with attendance limited to space
available. Individuals who plan to discovery would have the advantages of
Prospective Grant of Exclusive being minimally invasive and low cost
attend and need special assistance, such License: Method for the Diagnosis and compared to other currently available
as sign language interpretation or other Treatment of Vascular Disease diagnostics.
reasonable accommodations, should The invention describes methods for
notify the Contact Person listed below AGENCY: National Institutes of Health,
Public Health Service, HHS. diagnosing decreased vascular function,
in advance of the meeting. detecting increased cardiovascular risk,
ACTION: Notice.
Name of Committee: National Institutes of and diagnosing atherosclerosis. Also
Health Peer Review Advisory Committee. SUMMARY: This is notice, in accordance included are methods for assaying the
Date: August 27, 2007. with 35 U.S.C. 209(c)(1) and 37 CFR number of endothelial progenitor cells
Time: 8:30 a.m. to 5 p.m. 404.7(a)(1)(i), that the National and methods for treating a subject with
Agenda: Provide technical and scientific Institutes of Health (NIH), Department decreased vascular function by
advice to the Director, National Institutes of of Health and Human Services, is administering a therapeutically effective
Health (NIH), the Deputy Director for contemplating the grant of an exclusive amount of endothelial progenitor cells.
Extramural Research, NIH and the Director, license worldwide to Endothelix, Inc., The prospective exclusive license will
Center for Scientific Review (CSR), on having a place of business in Houston be royalty-bearing and will comply with
matters relating broadly to review and TX, to practice the invention embodied the terms and conditions of 35 U.S.C.
procedures and policies for the evaluation of in HHS Ref. Nos. E–037–2003 and E– 209 and 37 CFR 404.7. The prospective
scientific and technical merit of applications 125–2003, both entitled ‘‘Method for the exclusive license may be granted unless,
for grants and awards. Diagnosis and Treatment of Vascular within 60 days from the date of this
Place: National Institutes of Health, Disease’’, corresponding to U.S. Patent published Notice, the NIH receives
Natcher Building, 45 Center Drive, Rooms Application No. 60/426,545 filed written evidence and argument that
E1–E2, Bethesda, MD 20892. November 15, 2002, U.S. Patent establishes that the grant of the license
Contact Person: Cheryl A. Kitt, PhD, Application No. 60/445,417 filed would not be consistent with the
Executive Secretary, Center for Scientific February 5, 2003, PCT Patent requirements of 35 U.S.C. 209 and 37
Review, National Institutes of Health, 6701 Application PCT/US03/36317 filed CFR 404.7.
Rockledge Drive, Room 3030, MSC 7776, November 12, 2003, and U.S. Patent Properly filed competing applications
Bethesda, MD 20892, 301–435–1112. Application No.10/534,626 filed May for a license filed in response to this
kittc@csr.nih.gov. 11, 2005. The contemplated exclusive notice will be treated as objections to
Any interested person may file written license may be limited to the following the contemplated license. Comments
comments with the committee by forwarding field of use: an FDA-approvable and objections submitted in response to
the statement to the Contact Person listed on vascular endothelial function diagnostic this notice will not be made available
this notice. the statement should include the test. The patent rights in this invention for public inspection, and, to the extent
name, address, telephone number and when permitted by law, will not be released
have been assigned to the United States
applicable, the business or professional under the Freedom of Information Act,
of America.
affiliation of the interested person. 5 U.S.C. 552.
DATES: Only written comments and/or
In the interest of security, NIH has
instituted the stringent procedures for application for a license which are Dated: June 26, 2007.
entrance onto the NIH campus. All visitor received by the NIH Office of Steven M. Ferguson,
vehicles, including taxicabs, hotel, and Technology Transfer on or before Director, Division of Technology Development
airport shuttles will be inspected before September 4, 2007 will be considered. and Transfer, Office of Technology Transfer,
being allowed on campus. Visitors will be ADDRESSES: Requests for a copy of the National Institutes of Health.
asked to show one form of identification (for patent, inquiries, comments, and other [FR Doc. E7–12898 Filed 7–3–07; 8:45 am]
example, a government-issued photo ID, materials relating to the contemplated BILLING CODE 4140–01–P
driver’s license, or passport) and to state the license should be directed to: Tara L.
purpose of their visit. Kirby, PhD, Technology Licensing
(Catalogue of Federal Domestic Assistance Specialist, Office of Technology DEPARTMENT OF HEALTH AND
Program Nos. 93.306, Comparative Medicine; Transfer, National Institutes of Health, HUMAN SERVICES
93.333, Clinical Research, 93.306, 93.333, 6011 Executive Boulevard, Suite 325,
93.337, 93.393–93.396, 93.837–93.844, Rockville, MD 20852–3804; Telephone: National Institutes of Health
93.846–93.878, 93.892, 93.893, National 301–435–4426; Facsimile: 301–402–
0220; E-mail: kirbyt@mail.nih.gov. Prospective Grant of Exclusive
Institutes of Health, HHS)
License: The Development of Human
SUPPLEMENTARY INFORMATION:
Dated: June 26, 2007. Therapeutics for the Treatment of
Cardiovascular disease is a major health
Anna Snouffer, Cancer
risk throughout the industrialized
Deputy Director, Office of Federal Advisory world. Atherosclerosis, the most AGENCY: National Institutes of Health,
Committee Policy. prevalent of cardiovascular diseases, is Public Health Service, HHS.
[FR Doc. 07–3246 Filed 7–3–07; 8:45 am] the primary cause of heart attack, stroke, ACTION: Notice.
BILLING CODE 4140–01–M and gangrene of the extremities. It is
also the principal cause of death in the SUMMARY: This is notice, in accordance
sroberts on PROD1PC70 with NOTICES

United States. with 35 U.S.C. 209(c)(1) and 37 CFR


The inventors have developed a part 404.7(a)(1)(i), that the National
technique for evaluating vascular Institutes of Health, Department of
function by counting endothelial Health and Human Services, is
progenitor cells (EPCs) in a blood contemplating the grant of an exclusive

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Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Notices 36717

patent license to practice the inventions inventors have now engineered LeTx to Pueblo of Nambe, Pueblo of Picuris,
embodied in U.S. Patent Application have increased specificity for cancer Pueblo of San Felipe, Pueblo of Sandia,
60/870,050, entitled ‘‘Human Cancer cells, with little to no effect on normal Pueblo of Santa Ana, Pueblo of Tesuque,
Therapy Using Anthrax Lethal Toxin cells, enhancing the effectiveness of Pueblo of Taos, Pueblo of Santa Clara
Activated by Tumor Associated LeTx for cancer treatment. and Ohkay Owingeh.
Proteases’’ [HHS Reference E–070–2007/ Modifying the LeTx to be activated by DATES: Effective Date: July 5, 2007.
0–US–01], including background patent a matrix metalloprotease (MMP)
FOR FURTHER INFORMATION CONTACT:
rights to U.S. Patent Application 10/ increases the specificity of LeTx for
George T. Skibine, Director, Office of
088,952, entitled ‘‘Mutated Anthrax cancer cells because those cells are more
Indian Gaming, Office of the Deputy
Toxin Protective Antigen Proteins that likely to activate the toxin, resulting in
Assistant Secretary—Policy and
Specifically Target Cells Containing more efficient therapy. Mouse data
Economic Development, Washington,
High Amounts of Cell-Surface shows that the modified LeTx (called
DC 20240, (202) 219–4066.
Metalloproteinases or Plasminogen PrAg–L1/LF) is less cytotoxic to
‘‘normal’’ cells in vivo when compared SUPPLEMENTARY INFORMATION: Under
Activator Receptors’’ [HHS Reference E–
293–1999/0–US–03] and foreign to wild-type LeTx, while maintaining Section 11 of the Indian Gaming
counterparts thereto, and U.S. Patents high toxicity towards implanted human Regulatory Act of 1988 (IGRA), Public
5,591,631 and 5,677,274, entitled tumors. Modification of the LeTx to Law 100–497, 25 U.S.C. 2710, the
‘‘Anthrax Toxin Fusion Proteins and contain various protease recognition Secretary of the Interior shall publish in
Uses Thereof’’ [HHS References E–064– and cleavage sites can potentially the Federal Register notice of the
1993/0–US–01 and E–064–1993/1–US– extend application of the technology approved Tribal-State Compacts and
01, respectively] and foreign beyond melanomas to the treatment of Amendments for the purpose of
counterparts thereto, to FP BioPharma, lung and colon carcinomas, and various engaging in Class III gaming activities
LLC, which has offices in Fort Mill, other cancers. on Indian lands. This Amendment
South Carolina. The patent rights in The prospective exclusive license will includes a provision that would
these inventions have been assigned to be royalty bearing and will comply with eliminate any payments to the state
and/or exclusively licensed to the the terms and conditions of 35 U.S.C. should the state permit any licensed
Government of the United States of 209 and 37 CFR 404.7. The prospective horse racetrack to increase number of
America. exclusive license may be granted unless machines, increase hours of operation,
The prospective exclusive license within sixty (60) days from the date of allow operation of gaming machines
territory may be worldwide, and the this published notice, the NIH receives outside licensed premises or operate
field of use may be limited to: written evidence and argument that table games. This Amendment extends
establishes that the grant of the license the term of the Compact until June 30,
A method for the treatment of cancer 2037.
involving protease activated cancer toxins, would not be consistent with the
wherein the cancer toxins comprise Anthrax requirements of 35 U.S.C. 209 and 37 Dated: June 18, 2007.
lethal toxin (LeTx) modified at the furin- CFR 404.7. George T. Skibine,
recognized cleavage site to contain a matrix Applications for a license in the field Principal Deputy Assistant Secretary—Indian
metalloproteinase cleavage site, as defined by of use filed in response to this notice Affairs.
the Licensed Patent Rights, and wherein the will be treated as objections to the grant
cancers include, but are not limited to, [FR Doc. E7–12904 Filed 7–3–07; 8:45 am]
of the contemplated exclusive license.
melanoma, colon, thyroid, prostate, BILLING CODE 4310–4N–P
pancreatic and ovarian cancer. This exclusive
Comments and objections submitted to
licensed field of use shall explicitly exclude this notice will not be made available
vaccines and immunotherapeutics for the for public inspection and, to the extent
prevention or treatment of human diseases. permitted by law, will not be released INTERNATIONAL TRADE
DATES: Only written comments and/or under the Freedom of Information Act, COMMISSION
applications for a license which are 5 U.S.C. 552.
Agency Form Submitted for OMB
received by the NIH Office of Dated: June 26, 2007.
Review
Technology Transfer on or before Steven M. Ferguson,
September 4, 2007 will be considered. Director, Division of Technology Development AGENCY: United States International
ADDRESSES: Requests for copies of the and Transfer, Office of Technology Transfer, Trade Commission.
patent application, inquiries, comments, National Institutes of Health. ACTION: In accordance with the
and other materials relating to the [FR Doc. E7–12899 Filed 7–3–07; 8:45 am] provisions of the Paperwork Reduction
contemplated exclusive license should BILLING CODE 4140–01–P Act of 1995 (44 U.S.C. Chapter 35), the
be directed to: David A. Lambertson, Commission has submitted a request for
PhD, Technology Licensing Specialist, emergency processing for review and
Office of Technology Transfer, National DEPARTMENT OF THE INTERIOR clearance of questionnaires to the Office
Institutes of Health, 6011 Executive of Management and Budget (OMB).
Boulevard, Suite 325, Rockville, MD Bureau of Indian Affairs
20852–3804; Telephone: (301) 435– EFFECTIVE DATE: July 5, 2007.
4632; Facsimile: (301) 402–0220; E-mail: Indian Gaming Purpose of Information Collection:
lambertsond@od.nih.gov. AGENCY: Bureau of Indian Affairs, The form is for use by the Commission
SUPPLEMENTARY INFORMATION: Anthrax Interior. in connection with investigation No.
lethal toxin (LeTx) has been shown to ACTION: Notice of approved amended TR–5003–1, Textiles and Apparel: Effect
have significant toxicity to cancer cells, of Special Rules on Trade Markets and
sroberts on PROD1PC70 with NOTICES

Tribal-State compacts.
particularly those associated with Industries, instituted under section 5003
melanoma. However, LeTx also shows SUMMARY: This notice publishes of Tax Relief and Health Care Act of
significant toxicity towards normal approval of the Tribal-State Class III 2006 (TRHCA) (Public Law No. 109–
cells, preventing widespread use of the Gaming Compact between the State of 432). The Commission must submit its
molecule as a cancer therapy. NIH New Mexico and the Pueblo of Isleta, report to Congress by June 20, 2008.

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