definiens: has the meaning attributed to that term in section 9.2 of thisAGREEMENT ; 1.1.38 means all proprietary information and data in the FIELD including but notlimited to compounds, formulae, protocols, methods, techniques and results of experimentation and testing, which, except for published patent applications which are also included within this definition, is generally not known tothe public, and which are owned by ONCOTHYREON or licensed in by ONCOTHYREON with the right tosublicense in the manner contemplated by this AGREEMENT, and which directly relate to research, CLINICALDEVELOPMENT, use and/or sale of PRODUCT and/or the manufacture of PRODUCT . For greater certainty, ONCOTHYREON KNOW - HOW shall include ONCOTHYREON IMPROVEMENTS and IMPROVEMENTSlicensed in by ONCOTHYREON with the right to sublicense in the manner contemplated by this AGREEMENT, which arise or occur after the ORIGINAL EFFECTIVE DATE and which fall within the ambit of the precedingsentence . Notwithstanding the foregoing, ONCOTHYREON KNOW - HOW shall not include any subsequentlydeveloped or acquired ONCOTHYREON KNOW - HOW to the extent covering any active compound that isseparate and clearly distinct from PRODUCT, notwithstanding the fact that such active compound may be useful aspart of a combination therapy with PRODUCT ; 1.1.39 means all rights in the FIELD owned by ONCOTHYREON or licensed in byONCOTHYREON with the right to sublicense in the manner contemplated by this AGREEMENT in any of thefollowing patents : any patent issuing on any patent application identified in appendix 2, as well as any patentissuing from any continuing applications of the patents listed in appendix 3, such applications including anydivisions, continuations, and continuation - in - part applications, as well as any patents issuing on any reissue and / orreexamination application, and including any patent term restoration or extension ( i.e. supplemental protectioncertificates ) of any such patents . ONCOTHYREON PATENT RIGHTS also includes all rights in the FIELD ownedby ONCOTHYREON or licensed in by ONCOTHYREON with the right to sublicense in the manner contemplatedby this AGREEMENT in any foreign patents which correspond to those described in the preceding sentence and inany patents that claim ONCOTHYREON IMPROVEMENTS, JOINT IMPROVEMENTS and/or IMPROVEMENTS