definiens: means ( a ) an issued claim of an issued patent within the Licensed Patent Rights or a patent claiming an Improvement thereoC which has not ( i ) expired or been canceled, ( ii ) been declared invalid by an unreversed and unappealable decision of a court or other appropriate body of competent jurisdiction, ( iii ) been admitted to be invalid or unenforceable 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 Patent Rights that is being actively prosecuted in accordance \vith tbis Agreement and which has not been ( i ) canceled, ( ii ) withdrawn from consideration .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 v,'hich no appeal is or can be taken ), and/or ( iv ) abandoned in accordance with or as permitted by the terms of this Agreement Or hy mutual \vritten consent