definiens: means the rights of the United States Government under Public Laws 96 - 517, 97 - 256 and 98 - 620, codified at 35 U.S.C. 200 - 212, and any regulations issued thereunder, as such statute or regulations may be amended from time to time hereafter . [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] 1.12 means any nucleotide sequence that is capable of encoding, or of causing or modulating the expression of, a protein, protein fragment, or other genetic element . For purposes hereof, a Gene having 90 % homology to that of another Gene, and OHS West:260202555.1 11718 - 3 L221KH8 -5-*Confidential Treatment Requested