definiens: means ( a ) a claim o f an issued PATENT included within the ENZON PATENTS that has not ( i ) expired or been canc eled, ( ii ) been declared invalid by an unreversed and unappealable decision of a court or other appropriate body of competent jurisdiction, ( iii ) been admitted to be invalid or unenforceable throug h reissue, disclaimer, or otherwise, or ( iv ) been abandoned ; or ( b ) a claim filed and kept pending in good faith that is included in a published PATENT APPLICATION included within the EN ZON PATENTS that has been pending for less than five ( 5 ) years from the date such cla i m was filed and that substantially corresponds to an issued claim in the United States included in ( a ) a nd that has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmental authority ( and from which no appeal is or can be ta ken ), or ( iv ) abandoned