definiens: means : ( i ) a claim in an issued Patent that has not : ( a ) expired or beencanceled ; ( b ) been declared invalid by an unreversed and unappealable or unappealed decision of a court orother appropriate body of competent jurisdiction ; ( c ) been admitted to be invalid or unenforceable throughreissue, disclaimer or otherwise ; or ( d ) been abandoned in accordance with or as permitted by the terms of thisAgreement or by written agreement of the Parties ; or ( ii ) a claim under any application for a Patent or anyapplication for a Patent that, in each such case, has been pending * * * or less from the date that the prosecutingParty first receives an action on the merits for such application for a Patent ( excluding restriction requirements, notices to file missing parts, and the like ), and, in any case, that has not been canceled, withdrawn fromconsideration, finally determined to be unallowable by the applicable governmental authority or court forwhatever reason ( and from which no appeal is or can be taken ), or abandoned