definiens: means : an issued and unexpired claim under the Licensed Patent Rights, that claims either ( i ) a composition of matter ; or ( ii ) a method of treatment or medical use ( hereby defined as ) in Inventions or Researcher Improvements, in each case only where such Inventions or Researcher Improvements have applicability to a broad class of TCRL Compounds that are directed to more than a single cellular target class or their Use ( including, without limitation, an adjuvant, new scaffold f or bi -specific or method of treatment by combination therapy ), and in each case only for so long as such claim shall not have been held invalid in a final, non - appealable court judgment ( or unappealed within the time allowed for appeal ) or patent office de cision, in the relevant jurisdiction and which claim is not admitted to be invalid or unenforceable through reissue, disclaimer or otherwise and which claim has not been withdrawn, cancelled, or disclaimed and has not been abandoned or lost . For avoidance of doubt, any peptides deriving from a cellular target, such as tyrosinase, are considered a single cellular target class . As used herein, specifically excludes claims to processes of manufacture, screening or research tools, protocols, and o ther claims not expressly set forth under subclauses ( i ) or ( ii ) above . For clarity, claims under Patent Rights referred to in Exhibit B and Joint Researcher Improvement Patent Rights referred to in Exhibit C are not Valid Claims