definiens: means any and allValid Claims of U.S. and foreign patents and patent applications : ( a ) which claimany nucleic acid sequence{s ), other than HCV or HIV ; ( b ) which Is a blood borne"~infectious disease virus to the extent such Valid Claimsalver, the detection of . any nucleic acidsequence(s ) of such ilfectious disease virus ; ( c ) which areowned by, licensed to or oltterwise controlled by CHIRON or its Affiliates, withright to licem;e or sublicense : and ( d ) with respect to which CHIRON has the rightto grant the option provided for in Section 3.1 of this Agreement . The CHIRONNon - HCVIHIV Analyle Patent Rights do not include.the CHI RON Non - HCVIHIVPatents ( as defined below )