definiens: means ( a ) a claim of an issued and unexpired ( i ) Licensed Patent owned by Sangamo(excluding Patent Rights acquired during the Term from a Third Party or in connection with the acquisition during theTerm of a Third Party ) or included in the Existing Third Party Licenses or ( ii ) Joint Patent, in each case that has notbeen revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency ofcompetent jurisdiction that is not appealable or has not been appealed within the time allowed for appeal, and that hasnot been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination ordisclaimer or otherwise, or ( b ) a claim of a patent application included in a ( i ) Licensed Patent owned by Sangamo(excluding Patent Rights acquired during the Term from a Third Party or in connection with the acquisition during theTerm of a Third Party ) or included in the Existing Third Party Licenses or ( ii ) Joint Patent, in each case that has beenpending less than five ( 5 ) years from the earliest date on which such patent application claims priority and which claimwas filed and is being prosecuted in good faith and has not been cancelled, withdrawn or abandoned or finally rejectedby an administrative agency action from which no appeal can be taken