definiens: or shall mean the use of a Marker(s ) solely for the purpose of pre - screening human patients to determine eligibility for therapeutic treatment with an Active Response Product ( as defined below ) that incorporates such Marker(s ) and/or a Passive Response Product ( as defined below ) that incorporates such Marker(s ), or for monitoring human patients receiving such an Active Response Product and/or Passive Response Product, as applicable, either during the clinical phase of development of such Active Response Product and/or Passive Response Product, as applicable, or following commercialization thereof . For further clarification, use of a product is outside the Field if such product is associated commercially with Active Response Product and/or Passive Response Product administration and can not be sold purely as a diagnostic product used for primary diagnosis, diagnosis of relapse or metastatic involvement or for monitoring patient response to non­Active Response Product(s ) or non - Passive Response Product(s ) . For purposes of this Agreement, shall mean a cancer vaccine containing DNA, protein or peptides presented in a pharmaceutical composition or as a dendritic cell vaccine . For purposes of this Agreement, shall mean an antibody directed against a Marker, or T - cells reactive to a Marker administered to patients to manifest a therapeutic effect