definiens: shall mean collectively ( i ) the patent applications listed in APPENDIX A, together with all divisions, continuations, continuations -in - part, and foreign counterparts thereof ( such patent applications hereinafter collectively referred to as ) and ( ii ) re - examinations, reissues, substitutions, or extensions thereof and pa tents issuing therefrom in the United States and non -U.S. jurisdictions ( collectively ) . Notwithstanding the foregoing or anything else to the contrary in this AGREEMENT, DUKE PATENT RIGHTS shall not include those patents and/or patent applic ations which, during the term of this AGREEMENT, cease to be DUKE PATENT RIGHTS pursuant to Section 6.01 or Section 6.02 . It is understood and agreed that subject matter that is PATENTABLY DISTINCT ( defined below ) from the subject matter described within t he DUKE PATENT APPLICATIONS is not within the scope of the DUKE PATENT RIGHTS even though that PATENTABLY DISTINCT subject matter may fall within the scope of one or more claims of said DUKE PATENT APPLICATIONS . PATENTABLY DISTINCT improvements relating to the subject matter of DUKE PATENT APPLICATIONS shall not be considered DUKE PATENT RIGHTS . As used herein, subject matter is subject matter that is novel and unobvious over subject matter described within said DUKE PATENT APPLICATION S