definiens: means the U.S., New Zealand and PCT patent applications listed on Appendix A, together with any and all patents which issue from or are based on such applications and from any and alldivisionals and continuations of such applications, any and all reissues of such patents and any and all patentswhich are based on such applications . Appendix A shall be updated from time to time by the parties, which as ofthe Effective Date includes all patents, patent applications and inventions which ( 1 ) are in the Field ( 2 ) include, as an inventor, the Investigators or employees of Licensors working under the supervision of the Investigatorsand ( 3 ) are owned by one or more of the Licensors . Agreement Patents shall not include any patents which haveexpired or been found finally to be invalid by a court or administrative agency of competent jurisdiction fromwhich no appeal can be or is taken