definiens: means any of the method of use claims stated in any of the patents or patentapplications listed on Exhibit A as of the Effective Date, or any method of use claims stated in any future patent orpatent application claiming priority back to a patent application listed on Exhibit A as of the Effective Date, or anycomposition of matter claim, in all such cases which claims are claims of ( i ) an issued and unexpired patent within theReata Patent Rights, which patent ( a ) has not been finally cancelled, withdrawn, abandoned or rejected by anyadministrative agency or other body of competent jurisdiction whose ruling is unappealable or unappealed within thetime allowed for appeal, ( b ) has not been permanently revoked, held invalid, or declared unpatentable or unenforceablein a decision of a court or other body of competent jurisdiction whose ruling is unappealable or unappealed within thetime allowed for appeal, ( c ) has not been rendered unenforceable through disclaimer, and ( d ) is not lost through aninterference or opposition proceeding, which proceeding is unappealable or unappealed within the time allowed forappeal ; or ( ii ) a pending patent application within the Reata Patent Rights listed on Exhibit A as of the Effective Date, or filed in the future and claiming priority back to a patent or patent application listed on Exhibit A as of the EffectiveDate, solely to the extent any such claim therein is itself still pending, and not withdrawn, abandoned, finally rejectedor otherwise no longer pending, in the course of prosecution of such patent application . Valid Claims are limited toclaims described above that would preclude using or selling Licensed Compounds and/or Licensed Product in theTerritory or, but for the licenses granted in this Agreement, would be infringed by [COMPANY] Kirin ( or its Affiliates orPermitted Sublicensees ) by the development, manufacture, commercialization, use or sale of Licensed Compoundsand / or Licensed Products