definiens: means ( a ) any oligonucleotide of an Enriched Pool that is not a ProgramOligonucleotide ; ( b ) any Program Technology that is conceived or first reduced to practice by employees of, or consultants to, ARCHEMIX, alone or jointly with any Third Party, without the use in any material respect of any MERCK Technology ( otherthan Collaboration Aptamers ), MERCK Patent Rights, MERCK Materials or Joint Technology ; and ( c ) any ProgramTechnology, regardless of whether conceived or first reduced to practice by employees of, or consultants to, ARCHEMIX, MERCK, or both Parties, alone or jointly with any Third Party, that relates to, or constitutes, the SELEX Process or SELEXTechnology . For purposes of clarity, ARCHEMIX Program Technology does not include Program Generic Technology, Program Aptamer - Specific Technology and/or Development Program Technology