definiens: means either : ( a ) a claim of an issued and unexpired PATENT that is included within theNEKTAR AL PATENT RIGHTS, and that has not ( i ) been declared invalid by an unreversed and unappealabledecision of a court or other appropriate body of competent jurisdiction, ( ii ) been admitted to be invalid orunenforceable through reexamination, reissue, disclaimer, or otherwise, ( iii ) expired or been cancelled, or ( iv ) beenabandoned ; or ( b ) a claim of a PATENT APPLICATION that is included within the NEKTAR AL PATENT RIGHTSand has ( i ) been filed in good faith and consistent with customary and commercially reasonable practices, ( ii ) beenkept pending, in good faith and consistent with customary and commercially reasonable practices, but for not morethan ten ( 10 ) years based on the filing date of the PATENT APPLICATION, ( iii ) not been abandoned, and ( iv ) not beenfinally disallowed without the possibility of appeal or refiling of such PATENT APPLICATION