definiens: means, with respect to a particular country, ( a ) any claim of an issued and unexpiredPatent in such country that ( i ) has not been held permanently revoked, unenforceable or invalid by a decision of acourt or governmental agency of competent jurisdiction, which decision is unappealable or unappealed within the timeallowed for appeal and ( ii ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceablethrough reissue or disclaimer or otherwise in such country ; or ( b ) a claim of a pending Patent application, which claim(i ) has not been abandoned or finally disallowed without the possibility of appeal and ( ii ) has not been pending for morethan [ * ] from the date on which such claim was CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HASBEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONPURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED