definiens: means ( a ) a claim in an issued Patent that has not : ( i ) expired or been canceled ; ( ii ) beendeclared invalid by an unreversed and unappealable or unappealed decision of a court or other appropriate body ofcompetent jurisdiction ; ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or(iv ) been abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written agreement of theParties ; or ( b ) a claim under an application for a Patent that has been pending for [ * * * * ] * or less from its date of filing forapplications ( [ * * * * ] * ), and, in any case, which has not been canceled, withdrawn from consideration, finally determined to beunallowable by the applicable governmental authority or court for whatever reason ( and from which no appeal is or can betaken ), or abandoned