definiens: means:(a ) an issued claim of an issued patent that has not ( i ) expired or been canceled, ( ii ) been declared invalid by adecision of a court or other appropriate body of competent jurisdiction, from which no appeal is or can be taken, ( iii ) beenadmitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( iv ) been abandoned or disclaimed ; and(b ) a claim included in a pending patent application that is being prosecuted in good faith and that has notbeen ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmentalauthority ( from which no appeal is or can be taken ), or ( iv ) abandoned or disclaimed ; provided, however, that, if a claim of apatent application has been pending for more than [ * * * ], such claim will not constitute [ * * * ] Certain information in this document has been omitted and filed separately with the Securities and ExchangeCommission . Confidential treatment has been requested with respect to the omitted portions