definiens: means : ( a ) an issued claim under an issued patent within the Licen sed Patent Rights or a patent claiming an Improvement, which has not ( i ) expired or been canceled, ( ii ) been declared invalid by an unreversed decision of a court or other appropriate body of competent jurisdiction, iii ) been admitted to be invalid or unen forceable through reissue, disclaimer or otherwise, and/or ( iv ) been abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written agreement ; or ( b ) a claim included in a pending patent application within the Licensed Pat ent Rights that is being actively prosecuted in accordance with this Agreement and which has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmental authority ( and from which no ap peal is or can be taken ), and/or ( iv ) abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written consent