definiens: shall mean a claim in the [COMPANY] Patent Rights or Joint Patent Rights that Covers a Licensed Compound or formulation or composition thereof or a method of making or using the same, that defines the Licensed Compound ( including salts, hydrates, enantiomers, or esters thereof ) by particularly naming the Licensed Compound or by setting forth a structure that is specific to the Licensed Compound or that is a Markush structure directed to a genus that encompasses the Licensed Compound with no more than three ( 3 ) positions at which variable substituent groups are indicated, which variable substituent groups explicitly include groups that, if selected, uniquely identify the Licensed Compound . For purposes of clarity, a claim that sets forth a Markush structure directed to a genus that encompasses the Licensed Compound but that has more than three ( 3 ) positions at which variable substituent groups are indicated is not a Licensed Compound Claim, but a claim dependent thereon reducing the variable substituent groups to no more than three ( 3 ) ( which variable substituent groups explicitly include groups that, if selected, uniquely identify the Licensed Compound ) is a Licensed Compound Claim to the extent that the structure it defines encompasses the Licensed Compound and such dependent claim Covers the Licensed Compound or a method of making or using the same