definiens: shall mean any product or part thereof made, used or sold by the LICENSEE or aSublicensee of the LICENSEE, which : is covered by ( i ) an issued, unexpired claim contained in the Patent Rights that has not beenrevoked or held unenforceable or invalid by a decision of a court or Governmental Authority ofcompetent jurisdiction from which no appeal can be taken, or with respect to which an appeal isnot taken within the time allowed for appeal, and that has not been disclaimed or admitted to beinvalid or unenforceable through reissue, disclaimer or otherwise, or ( ii ) a pending claimcontained in the Patent Rights that has not been pending for more than [ * * * * * ] years and has notbeen abandoned, disclaimed, allowed to lapse or finally determined to be unallowable by theapplicable government authority in a decision from which no appeal can be taken or from whichno appeal is taken within the time allowed for appeal in the country in which any Products ismade, used or sold;is manufactured by using a Process which is covered by ( a ) an issued, unexpired claimcontained in the Patent Rights that has not been revoked or held unenforceable or invalid by adecision of a court or Governmental Authority of competent jurisdiction from which no appealcan be taken, or with respect to which an appeal is not taken within the time allowed for appeal, and that has not been disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( b ) a pending claim contained in the Patent Rights that has not beenpending for more than [ * * * * * ] years and has not been abandoned, disclaimed, allowed to lapse orfinally determined to be unallowable by the applicable government authority in a decision fromwhich no appeal can be taken or from which no appeal is taken within the time allowed forappeal in the country in which any licensed Process is used or in which such Process or portionthereof is used or sold . Page 2 of 171.51.61.71.82