definiens: means : ( a ) an issued claim under an issued Patent, which has not ( i ) expired or been canceled, ( 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 through reissue, disclaimer or otherwise, and/or ( iv ) been abandoned in accordance with or as permitt ed by the terms of this Agreement or by mutual written agreement ; or ( b ) a claim included in a pending Patent application that is being actively prosecuted in accordance with this Agreement and which has not been ( v ) canceled, ( vi ) withdrawn f rom consideration, ( vii ) finally determined to be unallowable by the applicable governmental authority for whatever reason ( and from which no appeal is or can be taken ), and/or ( viii ) abandoned in accordance with or as permitted by the terms of th is Agreement or by mutual written consent