definiens: means ( a ) an [ * * * ] of an [ * * * ] that has not ( i ) expired or been canceled, ( ii ) been declaredinvalid by a decision of a court or other appropriate body of competent jurisdiction, from which no appeal is or can be taken, ( iii)been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( iv ) been abandoned or disclaimed ; and(b ) a claim included in a [ * * * ] that is [ * * * ] and that has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finallydetermined to be unallowable by the applicable Governmental Authority ( from which no appeal is or can be taken ), or ( iv)abandoned or disclaimed ; provided, however, that if a claim of a patent application has been pending for more than [ * * * ] ( [ * * * ] ) [ * * * ] from the filing date of such patent application in the applicable country within the Territory, such claim will notconstitute a Valid Claim for the purposes of this Agreement unless and until a Patent issues with such claim