definiens: means ( a ) an issued claim of an issued Patent that has not ( i ) expired or been canceled, ( ii ) been declared invalid by a decision of a court or other appropriate body of competent jurisdiction, from which no appeal is or can be taken, ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( iv ) been abandoned or disclaimed ; and ( b ) a claim included in a pending patent application that is being actively prosecuted and that has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally detennined to be unallowable by the applicable govemmental authority ( from which no appeal is or can be taken ), or ( iv ) abandoned or disclaimed, provided, however, that if a claim of a patent application has been pending for more thanli.evendJjyears, such claim shall not constitute a Valid Claim for the purposes of this Agreement unless and until a Patent issues with such claim