definiens: shall mean, in the case of an issued and unexpired patent wlthm the Licensed Patent Rights, a clsim of an issued and uneXPIred patent which has not been hcld permanently revoked, unenforceab le or invalid by a decision of a court or other governmental agency of competent jurisdiction . unappeal able or unappealed within the time allowed for appeal . and which has 001 been admitted 10 be in ~ aJid or unenforceable through reissue or diselam _ or otherwise . and in the case of a United States or foreign patent application . a claim that has 001 been cancelled . withdrawn . or ahandoned without being refiltd 4'JU' . I":.o .., aYOI ' ! XX :, III another applicaUOII or that has not been finally rejected by an admlllistrauve agellCY action from which no appeal can be taken