definiens: means : ( a ) a claim in an issued Patent that has not : ( i ) expired or been canceled ; ( ii ) been dec lared invalid by an unreversed and unappealable or unappealed decision of a court or other appropriate body of competent jurisdiction ; ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or ( iv ) been abandoned in ac cordance with or as permitted by the terms of this Agreement or by written agreement of the Parties ; or ( b ) a claim that has been pending [ * * * ] or less from the date that the first action on the merits ( excluding restriction requirements, notices to file m issing parts, and the like ) was received in a patent application in which such claim is examined, and that has not been abandoned ( without the possibility of refiling ) or finally rejected by the applicable governmental [ * * * ] = Certain confidential informa tion contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b -2 of the Securities Exchange Act of 1934, as amended