definiens: shall mean ( i ) the patents and patent applications listed in Appendix L attached to this Amendment(hereafter referred to as ) ; ( ii ) any patent ( US or foreign ) issuing on any such [COMPANY] Existing PatentRights ; and ( iii ) all divisions, continuations, continuations - in - part ( but only to the extent that the subject matter of each suchcontinuation - in - part application is described in, claimed in, or enabled by the disclosure of the [COMPANY] Existing Patent Rights),re - examinations, reissues, substitutions, or extensions of any [COMPANY] Existing Patent Rights or patent issuing from those things describedin ( i ) or ( ii ) above . It is understood and agreed that subject matter that is novel and non - obvious over the subject matter described within thePhaseBio Existing Patent Rights ( including, without limitation, novel and non - obvious improvements relating to the subject matter of thePhaseBio Patent Rights ) is not within the scope of the [COMPANY] Patent Rights even though that novel and non - obvious subject matter mayfall within the scope of one or more claims of said [COMPANY] Patent Rights