UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.  20549


FORM 8-K


CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

July 8, 2004


Date of report (date of earliest event reported)

 

EMISPHERE TECHNOLOGIES, INC.

(Exact name of registrant as specified in its charter)

 

Delaware


(State or other jurisdiction of incorporation)

 

1-10615


(Commission File Number)

 

13-3306985


(I.R.S. Employer Identification Number)

 

 

 

765 Old Saw Mill River Road, Tarrytown, New York

 

10591


 


(Address of principal executive offices)

 

(Zip Code)

 

(212) 807-9060


(Registrant’s telephone number, including area code)

 

N/A


(Former name or former address, if changed since last report)




Item 5.     Other Events.

          On July 8, 2004, Emisphere Technologies, Inc. issued a press release announcing its filing of a shelf registration statement on Form S-3 with the Securities and Exchange Commission.  Attached hereto and incorporated by reference herein as Exhibit 99.1 is a copy of such press release.

Item 7.     Financial Statements and Exhibits.

 

(a)

Not applicable.

 

 

 

 

(b)

Not applicable.

 

 

 

 

(c)

Exhibits.  The following exhibits are filed herewith:


 

Exhibit Number

 

Description

 


 


 

Exhibit 99.1

 

Press Release of Emisphere Technologies, Inc. dated July 8, 2004.


SIGNATURES

          Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

EMISPHERE TECHNOLOGIES, INC.

 

 

 

Date:     July 8, 2004

By:

 

 

 


 

Name:

Michael Goldberg

 

Title:

Chief Executive Officer

4


EXHIBIT INDEX

Exhibit Number

 

Description


 


99.1

 

Press Release, issued July 8, 2004.

5