definiens: shall mean the inventions disclosed and claimed In United States patent application serial number~/075,358 ( attorney docket number 8449 - 033 - 888 ) filed February 20, 1998, entitled by Podack et a~ td U.S. patent application serial number~9/253.439 filed February 19, 1999, entitled 3~ 1.9 shall mean all information related to the Patent Rights or to the business, plans andlor technology of LICENSEE which is disclosed by one party to the other, to the extent that such information, as of the date of disclosure, is not ( a ) known to the receiving party ; ( b ) disclosed in published literature ; ( c ) generally available to industry : or ( d ) obtained by the receiving party . from a third party without binder of secrecy, provided, however, that such third party has no confidentiality obligations to the disclosing party or to any of its Affiliates relating to the disclosed information