definiens: means and includes those claims of any Patent Rights owned or Controlled by [COMPANY] or its Affiliates as of the Effective Date or during the Term of this Agreement, which claims are directed to any part of the Manufacturing Process as it exists on the Effective Date or as it is modified during the Term in accordance with Article 8, subject to the restrictions of Section 14.3 . For the sake of clarity, excluded from Manufacturing Process Patents are those claims of Patent Rights owned or Controlled by [COMPANY] that ( a ) are not directed to the Manufacturing Process or the manufacture of Herceptin and ( b ) are specifically directed to ( i ) all or part of the composition of matter of Herceptin ( solely to the extent that such claims were conceived and reduced to practice by [COMPANY] without use of or reference to [COMPANY] Confidential Information and not from [COMPANY] 's performance of its obligations under any of the Transaction Agreements ) or an antibody other than Herceptin, or a product other than Herceptin, ( ii ) any formulation of Herceptin, any other antibody or any other product, or ( iii ) any method of using Herceptin, or ( iv ) any method of using any other antibody or any other product