definiens: means ( a ) a claim of an issued and unexpired pate nt included within the Patent Rights that ( i ) has not been revoked, declared unen forceable or unpatentable, or held invalid by a court or other governmental agency of competent jur isdiction that is unappealable or unappealed within the time allowed for appeal, ( ii ) has not be en admitted to be rendered invalid or unenforceable through reissue, disclaimer or otherw ise, and ( iii ) has not been finally cancelled, withdrawn, abandoned, allowed to lapse, or rejected by any governmental agency of competent jurisdiction and ( b ) a pending application within the Licensed Patents, provided that such application has not been pending for more than [ * * * ] ( [ * * * ] ) [ * * * ] and that has not been canceled, withdrawn, finally dete rmined to be unallowable, or abandoned