definiens: means any Dermagenomics Product or Nutrigenomics Product 1.16 means any nutritional supplement, nutraceutical compound or delivery system for a, nutritional supplement or nutraceutical compound [ that would be legally available without a prescription1 designed to produce a positive health benefit ( i ) the manufacture, use or sale of which would, absent the license or ownership rights granted to ABO hereunder or under the License Agreement, infringe any claim included in the Program Patcnt Rights or the JG Patent Rights, or ( ii ) which makes a claim or claims of efficacy or utility based upon the research conducted hereunder or upon the use or results of a Nutrigenomics Test 1,17 means any genomic test used to determine appropriate recipients of a Nutrigenomics Consumable ( i ) the manufacture, use or sale of which would, absent the license or ownership rights granted to ABG hereunder or under the License Agreement, infringe any claim included in the Program Patent Rights or the IG Patent Rights, or ( ii ) which was developed, modified or improved hereunder