definiens: means, with respect to any country : ( a ) a claim i n an issued [COMPANY] Patent, Binder Improvement Patent or Product - Specific Paten t ( in each case, that issued before or after the Ef fective Date ) that has not : ( i ) expired or been canceled ; ( ii ) been revoked, declared invalid or unenforceable by an unreversed and unappealable or unappealed decision of a court or other appropriate body of competent jurisdiction in such country ; ( iii ) been admitted b y [COMPANY] to be invalid or unenforceable through re issue, disclaimer or otherwise ; or ( iv ) been abandoned in accordance with or as permitted by the terms of thi s Agreement or by written agreement of the Parties ; o r ( b ) a claim in any application for a [COMPANY] Pate nt, Binder Improvement Patent or Product - Specific Patent that has been pending in a country for [ * * * ] ( [ * * * ] ) [ * * * ] from the first to occur of ( i ) the date that such applic ation enters into a national phase in such country, or ( ii ) the date of the first direct filing of such application in s uch country and, in any case, which has not been ca nceled, withdrawn from consideration, finally determined to be unallowable by the applicable governmental auth ority or court for whatever reason ( and from which no appeal is or can be taken ), or abandoned