definiens: shall mean IN VIVO human and vet erinary medical use of polymers falling within the Patent Right s, including, without limitation, tissue engineering, cell the rapy, implantables, medical devices, wound sealants, prescription an d non - prescription drug delivery, and contrast agents, but exclu ding ( i ) medical disposables, surgical drapes and trays, sanitary prod ucts, barrier contraceptives, nutritional and all other diagnostic use s and ( ii ) transgenic plant crop production of polymers . For the pur pose of clarity, it is agreed and understood that, notwithstanding any thing in the prior sentence to the contrary, diagnostic systems and/ or devices used to monitor the IN VIVO use of a Licensed Product sh all be included within the Field . For the purpose of determining wh ether a use falls within the Field, the parties shall apply the follo wing guidelines : ( x ) regulation of a use by the U.S. Food and Drug Administration or other regulatory body shall be indicative but not presumptive that a use is an IN VIVO use, and ( y ) uses marketed on ly to physicians shall primarily fall within the Field, and ( z ) uses marketed directly only to consumers shall primarily fall outsid e the Field