definiens: , as to each Licensed Clone, shall mean : ( a ) " ! the Licensed Clone, any splice variant of such Clone, or the recombinant protein encoded thereby, or the Licensed Clone encoding a fragment of such protein with substantially the same biological activity as such protein, or the biologically active portion Of such protein ; ( b ) a product whereby Licensed Clone nucleic acid is inserted into a human host in order to induce cells in such host to express the protein encoded by such nucleic acid for therapeutic benefit, or a product whereby Licensed Clone nucleic acid is inserted ex vivo into human cells where such cells are then reimplanted into a human to express the protein encoded by such nucleic acid for therapeutic benefit ( ) ; Confidential Page 5 CONFIDENTIAL TREATMENT REQUESTED 117120035 ( c ) an oligonucleotide which binds to Licensed Clone mRNA in vivo to inhibit or block protein production ( ) ; ( d ) a protein, other than an antibody, that binds to a specific binding site on the Licensed Clone or the protein encoded thereby and which is discovered directly and materially from use of the Licensed Clone ; ( e ) a homolog or a mutant of the Licensed Clone or protein encoded thereby which has substantially the same biological activity as the Licensed Clone or the protein encoded thereby, and which is discovered directly and materially from use of the Licensed Clone ; ( f ) an antibody to the protein encoded by the Licensed Clone or a molecule as described in ( a ), ( d ) or ( e ) above, provided that the antibody was discovered directly and materially from use ofthe Licensed Clone, the protein encoded thereby or such molecules ; ( g ) a small molecule which has the intended biological activity of binding to a protein or inhibiting protein function, and which is discovered directly and materially from use ofthe Licensed Clone, the protein encoded thereby or one of the molecules described in ( a ), ( d ) or ( e ) above ; ( h ) a diagnostic product which was discovered directly and materially from use ofthe Licensed Clone, the protein encoded thereby or one of the molecules described in ( d ) or ( e ) above ; or ( i ) any other product, not described in subsections ( a)-(h ) above, the manufacture, use, sale or importation of which by an unlicensed third party would infringe a Valid Claim of a Research Project Patent Right