definiens: means : ( a ) a claim of an issued patent that has not expired or been revoked, heldinvalid or unenforceable by a patent office, court or other governmentalagency of competent jurisdiction in a final and non appealable judgment ( orjudgment from which no appeal was taken within the allowable time period),and which has not been admitted to be invalid or unenforceable throughreissue, disclaimer or in any other way ; or ( b ) a claim within a patent application that has not been revoked, cancelled, withdrawn, abandoned, or held unpatentable or invalid by a patent office, court or other governmental agency of competent jurisdiction in a final andnon appealable judgment ( or judgment from which no appeal was takenwithin the allowable time period ), and which has not been admitted to beinvalid 14[CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT . EACHSUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [ * * * ], HAS BEENFILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION . ] or unenforceable through reissue, disclaimer or in any other way, and whichhas not been pending for more than [ * * * ] years from its first priority filingdate anywhere in the world