definiens: shall mean the patents, patent applications listed in APPENDIX A ( such patent applications hereinafter collectively referr ed to as and any patent hereafter issuing on any such INITIA L DUKE PATENT APPLICATIONS ), together with all divisions, continuations, continuations - in -part ( but only to the extent that the subject matt er of each such continuation - in - part application is descr ibed in and enabled by the disclosure of said INTITIAL DUKE PATENT APPLICATIONS ), 2 re - examinations, reissues, substitutions, or extens ions thereof and patents issuing therefrom in the United States and non- U.S. jurisdictions . Notwithstanding the foregoing o r anything else to the contrary in this AGREEMENT, DUKE PATENT RIGHTS shall not inc lude those patents and/or patent applications which, during the term of this AGREEME NT, cease to be DUKE PATENT RIGHTS pursuant to Section 6.01 or Section 6.03 . It is und erstood and agreed that subject matter that is PATENTABLY DISTINCT ( defined below ) from the subjec t matter described within the INITIAL DUKE PATENT APPLICATIONS is not within the scope of the DUKE PATENT RIGHTS even though that PATENTABLY DISTINCT subject matter may fall within the scope of one or more claims of said INITIAL DUKE PATENT APPLICATIONS . PATENTABL Y DISTINCT improvements relating to the subject matter of INITIAL DUKE PATE NT APPLICATIONS shall not be considered DUKE PATENT RIGHTS . As used herein, subject matter is subject matter that is novel and unobvious over subject mat ter described within said INITIAL DUKE PATENT APPLICA TIONS