definiens: shall mean, ( a ) a claim in an issued Patent that has not : ( i ) expired or been canceled ; ( ii ) been declaredinvalid by an unreversed and unappealable or unappealed decision of a court or other appropriate body of competentjurisdiction ; ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or ( iv ) beenabandoned in accordance with or as permitted by the terms of this Agreement or by mutual written agreement of the Parties ; or(b ) a claim under an application for a Patent that has been pending for [ * * ] years or less from its date of filing for non - Japanese applications, or [ * * ] years or less from its date of filing for Japanese applications, and, in any case, which has notbeen canceled, withdrawn from consideration, finally determined to be unallowable by the applicable governmental authorityor court for whatever reason ( and from which no appeal is or can be taken ), or abandoned