definiens: means ( a ) a claim in an issued Patent, as described in Section 1.55(a ), which has not(i ) expired or been canceled, ( ii ) been declared invalid by an unreversed and unappealable decision of a court or otherappropriate body of competent jurisdiction, ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( iv ) been abandoned in accordance with or as permitted by the terms of this Amended andRestated Agreement or by mutual written agreement, or ( b ) a claim under a pending application for a Patent, asdescribed in Section 1.55(b ), that has been pending five ( 5 ) years or less from its date of filing, and which have notbeen canceled, withdrawn from consideration, finally determined to be unallowable by the applicable governmentalauthority for whatever reason ( and from which no appeal is or can be taken ), or abandoned