definiens: shall mean ( a ) a pending claim of a patent application within the Licensed Patent Rights, which ( i ) has been asserted in good faith, ( ii ) has not been abandoned or finally rejected without the possibility ofappeal or refiling, and ( iii ) does not remain pending more than [ * * ] years from the date of issuance of the firstsubstantive patent office action considering the patentability of such claim by the relevant patent office in suchcountry or territory ; ( b ) a claim of an issued or granted and unexpired patent within the Licensed Patent Rights, whichhas not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competentjurisdiction, unappealable or unappealed within the time allowed for appeal, which has not been renderedunenforceable through disclaimer or otherwise, which has not been abandoned, and which has not been lost throughan interference proceeding . Notwithstanding the foregoing, the limitation of subsection ( iii ) above shall not apply to anypatent application within the Joint Patent Rights that is being prosecuted by Licensee