definiens: means ( a ) the patents and patent applications listed in Appendix A ( hereafter referred to as ) ; ( b ) any patent ( US or foreign ) issuing on any such Unrestricted Patent Applications ; and ( c ) all divisions, continuations, continuations - in - part ( but only to the extent that the subject matter of each such continuation - in - part application is describedin, claimed in, or enabled by the disclosure of the Unrestricted Patent Applications ), re - examinations, reissues, substitutions, or extensionsof any Unrestricted Patent Applications or patent issuing from those things described in ( a ) or ( b ) above . Notwithstanding the foregoing, Unrestricted Patent Rights does not include those patents and/or patent applications that, during the Term of this Agreement, cease to beUnrestricted Patent Rights pursuant to Article 6.01, 6.03 or 6.05 . It is understood and agreed that subject matter that is Patentably Distinct(defined below ) from the subject matter described within the Unrestricted Patent Applications is not within the scope of the UnrestrictedPatent Rights even though that Patentably Distinct subject matter may fall within the scope of one or more claims of said UnrestrictedPatent Rights . For avoidance of doubt, Patentably Distinct ” improvements relating to the subject matter of the Unrestricted PatentApplications are not Unrestricted Patent Rights under this Agreement . As used herein, subject matter is subject matterthat is novel and unobvious over subject matter described within said Unrestricted Patent Rights