definiens: means any ARCHEMIX Patent Rights and ARCHEMIX ’ in terest in Joint Patent Rights that(a ) contain one or more claims that cover any Colla boration Aptamer, including its manufacture or its formulation or a methodof its delivery or of its use, or ( b ) claim inventi ons that are necessary for ELAN to exercise the lic enses granted to it pursuantto Sections 7.1.1 and 7.2.1 under the Licensed Pate nt Rights described in subsection ( a ) . For purposes of clarity, ( a ) theLicensed Patent Rights shall exclude any Patent Rig hts that relate to the conduct of the SELEX ™ Proces s and/or the use ofthe SELEX ™ Technology ; ( b ) theCONFIDENTIALPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commiss ion pursuant to theCompany ’s application requesting confidential treat ment under Rule 406 of the Securities Act