definiens: means:(a ) a claim of an issued patent within the Exclusively Licensed Patent Rights that has not:(i ) expired or been canceled,(ii ) been finally adjudicated to be invalid or unenforceable by a decision of a court or other appropriate body of competentjurisdiction ( and 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 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 Exclusively Licensed Patent Rights, which claim is being activelyprosecuted in accordance with this Agreement and which has not been:(i ) canceled,(ii ) withdrawn from consideration,(iii ) finally determined to be unallowable by the applicable governmental authority ( and from which no appeal is or can betaken ), or(iv ) abandoned in accordance with, or as permitted by, the terms of this Agreement or by mutual written agreement