definiens: means all Patents ( also referred to herein as ) and Know - How ( also referred to herein as ) which ( i ) relate to a Project Gene designated as a Restricted Rights Project, ( ii ) are ( A ) owned, controlled or licensed by Lexicon as of the Effective Date or ( B ) created or acquired by Lexicon prior to expiration of this Agreement, and ( iii ) which either ( A ) are conceived or created during the cond uct of, or in connection with, First Pass Phenotypic Analysis or Advanced Ph enotypic Analysis of a Project Gene, Pre - Clinical Development, Clinical De velopment, any activities conducted under a Commercialization Plan, or [ * * ], or ( B ) [ * * ] or ( y ) [ * * ] ; provided in each case that Restricted Rights Projec t Patents and Know - How shall not include ( A ) Lexicon Knock - Out Technology, ( B ) L exicon Product Patents and Know - How, ( C ) [COMPANY] Gene Patents and Know - How, ( D ) general Patents that cover inventions that could be used for products ot her than a Collaboration Product, including, without limitation, Patents cov ering manufacturing or process ( including purification process ) inventions, or ( E ) any Patent claims or Know - How arising from work performed not in relatio n to this Agreement