definiens: means ( a ) a claim of an issued PATENT included within the ENZON LICENSED PATENTS that 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 CONFIDENTIAL Page 12 of 107 [ ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED . admitted to be invalid or unenforceable through reissue, disclaimer, or otherwise, or ( iv ) been abandoned ; or ( b ) a claim filed and kept pending in good faith that is included in a published PATENT APPLICATION that has been pending for less than five ( 5 ) years from the date such claim was filed and that substantially corresponds to an issued claim in the United States included in ( a ) and that has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmental authority ( and from which no appeal is or can be taken ), or ( iv ) abandoned