definiens: means ( a ) the patents and patent applications listed in Appendix B ( hereafter referred to as ) ; ( b ) any patent ( US or foreign ) issuing on any .such Restricted 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 described in, claimed in, or enabled by the disclosure of the Restricted Patent Applications ), re - examinations, reissues, substitutions, or extensions of any RestrictedPatent Applications or patent issuing from those things described in ( a ) or ( b ) above, Notwithstanding the foregoing, Restricted Patent Rightsdoes not include those patents and/or patent applications that, during the Term of this Agreement, cease to be Restricted Patent Rightspursuant to Article 6.01, 6.03 or 6.05 . It is understood and agreed that subject matter that is Patentably Distinct ( defined below ) from thesubject matter described within the Restricted Patent Applications is not within the scope of the Restricted Patent Rights even though thatPatentably Distinct subject matter may fall within the scope of one or more claims of said Restricted Patent Rights . For avoidance of doubt, Patentably Distinct improvements relating to the subject matter of the Restricted Patent Applications are not Restricted Patent Rights underthis Agreement . As used herein, subject matter is subject matter that is novel and unobvious over subject matterdescribed within said Restricted Patent Rights