definiens: means ( a ) a claim of an issued and unexpi red Patent included within the Deciphera Program Patents that ( i ) covers the practice of the Licensed Product in the Territory that ( ii ) has not been permanently revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which decision is not appealable or is not appealed within the time allowed for appeal, and has not been abandoned, disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise or ( b ) a claim of a pending patent application included within the Deciphera Program Patents in the Territory that ( 1 ) would cover the practice of the Licensed Product in the Territory if such claim was to issue, ( 2 ) has not been pending for more than [ * * * ] from its earlie st priority date, and ( 3 ) ( A ) has not been cancelled, withdrawn or abandoned or ( B ) finally rejected by an administrative agency action from which no appeal can be taken or that has not been appealed within the time allowed for appeal