definiens: means ( a ) an issued claim of an issued patent within the Licensed Patent Rights or a patentclaiming an Improvement thereof, which has not ( i ) expired or been canceled, ( ii ) been declared invalid by anunreversed and unappealable decision of a court or other appropriate body of competent jurisdiction, ( iii ) beenadmitted to be invalid or unenforceable through reissue, disclaimer or otherwise, and/or ( iv ) been abandoned inaccordance with or as permitted by the terms of this Agreement or by mutual written agreement ; or ( b ) a claimincluded in a pending patent application within the Licensed Patent Rights that is being actively prosecuted inaccordance with this Agreement and which has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finallydetermined to be unallowable by the applicable governmental authority ( and from which no appeal is or can be taken),and / or ( iv ) abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written consent