definiens: means any claim in a patent application filed by M irnaRx ( or in any patent issuing on any such application ) that : ( i ) c laims any improvements, modifications or enhancemen ts to the Licensed Technology invented by MirnaRx prior to th e date [ * * * ] after the Effective Date in conducting manufacturing process development and scale - up with respect to the Licensed Technology under this Agreement, and ( ii ) can not be practiced without inf ringing the Licensed Patents, and including for cla rity applicable claims in continuing patent applications ( such as continuations, divisions, or continuation s - in - part ) or in any reissue, re - examined or extended patent . For clarity, the term expr essly excludes : ( x ) any claims in patent applications or patents covering inventions made by or on behalf of MirnaRx ( or its Affiliate ) prior to the Effective Date with out use of any Confidential Information or material s of Marina Bio, and ( y ) any claims in patent applications or p atents covering inventions made by or on behalf of MirnaRx ( or its Affiliate ) after the Effective Date but ind ependent of work done under this Agreement, in each case without use of any Confidential Information or mate rials of Marina Bio