definiens: means any claim ( including, without limitation, a process, use or composition ofmatter claim ) ( a ) in an issued and unexpired patent within the Licensed Patent Rights that ( i ) has not been finallycancelled, withdrawn, abandoned or rejected by any administrative agency or other body of competent jurisdiction, and ( ii ) has not been revoked, held invalid, or declared unpatentable or unenforceable in a decision of a court or otherbody of competent jurisdiction that is unappealable or unappealed within the time allowed for appeal, and ( iii ) has notbeen rendered unenforceable through reissue, disclaimer or otherwise, and ( iv ) has not been disclaimed or otherwisededicated to the public by [COMPANY], and ( v ) is not lost through an interference proceeding and any appealstherefrom ; or ( b ) in any [ * * * ] within the Licensed Patent Rights that [ * * * ]