definiens: means ( a ) a claim of an issued and unexpired Patent included within the Licensed Patents ( including any Patent covering an Improvement and any Joint Patents in the Territory ) that has not been ( i ) permanently revoked or held unenforceable, unpatentable 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, ( ii ) abandoned, di sclaimed or rendered unenforceable through disclaimer or otherwise, or ( iii ) abandoned ; or ( b ) a claim of a pending patent application included within the Licensed Patents ( including any Patent covering an Improvement and any Joint Patent ) in the Territory that has not been pending for more than [ * * * ] years from its earliest priority date, and has not been cancelled, withdrawn or abandoned or finally rejected by an administrative agency action from which no appeal can be taken or that has not been appealed within the time allowed for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