definiens: means, on a Collaboration Candidate - by - Collaborat ion Candidate and on a Product - by - Product basis, any product used to ident ify, diagnose, screen or monitor patients with a predisposition to a human condition, disease or dis order, or to predict prognosis, safety and/or effic acy of therapeutic treatment of a human condition, disease or disorder in a patient, and in each case which product : ( a ) contains a Collaboration Candidate, a functional fragment of such Collaboration Candidat e, any variant of the foregoing ( including splice variants ), any nucleic acid sequence encoding any of the fo regoing, or a complementary nucleic 8 CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . A COMPLETE VERSION OF THIS EXHIBIT HAS BEE N FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSU ANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AM ENDED