definiens: shall mean ( a ) all patent applications owned or CONTROLLED by Enzon, Inc. ( ) or its AFFIUATES that wem AFFILIATES of ENZON as of Januarv 7 . 2002 ( the ) that " pertain to PEGYLATION and that claim the comQP§itjoo . manufacture . or use of the PRODUCT that ( i ) were filed on or before January 7 . 2002 . or ( ii ) directly or through other patent apolicaliom'i . claim priority to aoy patent applicatipn that was filed on or before Januarv 7 . 2002 : and ( b ) all patents owned or CONTROLLED by ENZON or the ENZON AFFILIATES that pertain to pEGYLATION and that claim the comQositjon . manufacture . or Use of the PRODUCT that ( I ) have issued on or before Januarv 7,2002, or ( II ) issue from any patent application included in clause ( a ) . For clarity . excluded from ENZON PATENTS are patents and patent applications claiming the use of eEG for purposes other than pEGYLATION, Further excluded from ENZON PATENTS are ~Iaim 16 of U.S patent 5.312.808, claim 26 of U.s . patent 5;478.805, aod claims 18 aod 48 of U.s . Pateot Page 3 of45 5,650.388 and thfl foreigll eguMilents of such claims . The ENZON PATENTS include those listed on Schedule IV