definiens: shall mean with respect to any country,(i ) a claim of an issued, unexpired patent within the Company PatentRights that has not been revoked or held unenforceable or invalid by adecision of a court or Governmental Body of competent jurisdiction fromwhich no appeal can be taken, or with respect to which an appeal is nottaken within the time allowed for appeal, and that has not been disclaimedor admitted to be invalid or unenforceable through reissue, disclaimer orotherwise or ( ii ) a claim of any pending patent application within theCompany Patent Rights that is being prosecuted in good faith towardsallowance and ( x ) is pending as of or after the Effective Date of thisAgreement and ( y ) ( a ) other than with respect to Newer Applications, is notstill pending three ( 3 ) years from the Closing Date and ( b ) with respect toNewer Applications, is not still pending four ( 4 ) years from the applicablePCT patent application filing deadline . As used herein, the term means patent applications [ * * * ]