definiens: means any claim of ( a ) an issued and unexpired pa tent or ( b ) a pending patent application, in each case included within the Zymew orks Patent Rights or the Research Program Patent R ights, which ( i ) has not been abandoned, revoked, lapsed o r held unenforceable, invalid or unpatentable by a court or other government body of competent jurisdiction wit h no further possibility of appeal, ( ii ) has not be en pending for [ … * * * … ] ( or [ … * * * … ] with respect to patent appl ications filed in [ … * * * … ], [ … * * * … ] and [ … * * * … ] ) from the date of filing of the earliest priority pa tent application to which such pending patent appli cation is entitled to claim benefit, or ( iii ) has not been di sclaimed, denied or admitted to be invalid or unenf orceable through reissue, re - examination or disclaimer or ot herwise