definiens: means any Technology that is used by ARCHEMIX, or provided byARCHEMIX for use, in the Research Program and/or the Development Program that is ( a ) Controlled by ARCHEMIX as of theEffective Date or ( b ) conceived or first reduced to practice by employees of, or consultants to, ARCHEMIX after the EffectiveDate other than in the conduct of ARCHEMIX Research Activities or ARCHEMIX Development Activities and without theuse in any material respect of any MERCK Technology ( other than Collaboration Aptamers ), MERCK Patent Rights orMERCK Materials . For purposes of clarity, ARCHEMIX Background Technology ( a ) shall include the SELEX ® Process andSELEX ® Technology and ( b ) shall not include Collaboration Aptamers, ARCHEMIX Program Technology or ARCHEMIX’sinterest in Joint Technology