definiens: means, on a country - by - country basis, a claim ( incl uding a process, use, or composition of matter claim ) of ( a ) any issued and unexpired Patent that has not been held invalid or unenforceable by a court of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be inval i d by the owner through reissue, disclaimer or othe rwise ; and which has not been ( i ) cancelled, ( ii ) withdrawn fr om consideration, ( iii ) finally determined to be un allowable by the applicable governmental authority ( and from whi ch no appeal can be taken ), and/or ( iv ) abandoned i n accordance with or as permitted by the terms of thi s Agreement or by mutual written consent, or ( b ) an y Patent constituting an application, which application shal l not have been pending longer than five ( 5 ) years and six ( 6 ) months from its earliest priority date and shal l not have been earlier cancelled, withdrawn or aba ndoned . The construction of any claim language pursuant to this Agreement shall be consistent with a claim constru ction order issued by any court of competent jurisdiction