definiens: means a claim in an issued, unexpired patent or in a pending patent application within the Licensed Patent Rights that ( a ) has not been finally cancelled, withdrawn, abandoned or rej ected by any administrative agency or other governmental body of competent jurisdiction, ( b ) has not been revoked, held invalid, or declared unpatentable or unenforceable in a decision of a court or other governmental body of competent jurisdiction that is unappealable or unappealed wit hin the time allowed for appeal, ( c ) has not been r endered unenforceable through disclaimer or otherwise, and ( d ) is not lost through an interference proceeding, Portions of this Exhibit, indicated by the xxxx were omitted and have been filed separately w ith the Securities and Exchange Commission pursuant to the Registrant ’s application requesting confidential tr eatment pursuant to Rule 24b-2 of the Securities Exchange A ct of 1934, as amended