definiens: means all U.S. patents and patent applications and foreign patents and patent applications assigned to The Regents, including any reissues, extensions, substitutions, continuations, divisions and continuations - in -part ( only to the extent, however, that claims in any continuations - in - part not listed below are entitled to the priority filing date of any of the below listed patents and patent applications ) based on and including any subject matter claimed in or covered in U.S. Patent Application Serial Number 08/222,976 entitled now abandoned ; filed April 5, 1994 ; and assigned to The Regents . As ofthe effective date of this Agreement, the Regent 's Patent Rights include the following patents and patent applications : ' UC Case No . PTO Senal No . Patent No.&:-Status 93 - 364 - 1 08/222976 Abandoned 93 - 364 - 2 08/441930 5,814,040 issued 09/29198 93 - 364 - 2 German App . No . ( filed directly ) German National Patent Issued 19512481.2 - 35 Based on 08/222976 93 - 364 - 2 Japanese ( filed directly ) 7101676 Pending Based on 08/222976 93 - 364 - 3 08/870467 5,979,454 issued 11109/99 93 - 364 - 3 PCTlUS98 /10730 Pending 93 - 364 - 3 German App . No . 19512481.2 - 35 Pending 93 - 364 - 3 Japanese App . No . 11 - 502540 Pending 93 - 364 - 4 08/963531 6,171,301 B1 issued 01/09/01 93 - 364 - 5 PCTlUSOO /14955 Pending 93 - 364 - 5 09/322311 Allowed, waiting for issuance 1.2 means any kit, composition of matter, material, or product whose manufacture, use, or sale in a particular country would infringe, but for the license granted 4 ' < to Licensee pursuant to this Agreement, an unexpired Claim of a patent or pending claim of a patent application under Regents ' Patent Rights in that country in which such patent has issued or application is pending ; any kit, composition of matter, material, or product to be used in a manner requiring the performance of the Patent Method ; or any kit, composition of matter, material, or product produced by the Patent Method . This definition of Patent Products also includes a service either used by Licensee or provided by Licensee to its customers when such service requires the practice of the Patent Method . Dynamic Cooling Device ( or DCD ) means a cooling device for use with a laser system, the combination of which utilizes the Regents ' Patent Rights . DCDs, whether sold as ( i ) an accessory or upgrade product to a laser system or ( ii ) integrated with a laser system as one product, are Patent Products