definiens: means : ( a ) a claim of an issued and unexpired Spark Patent Right, Joint Patent Rightor Research Program Patent Right which has not been dedicated to the public, disclaimed, held permanentlyrevoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and that is not admitted, to be invalid orunenforceable or ( b ) a bona fide claim of a pending Spark Patent Right, Joint Patent Right or Research ProgramPatent Right that is being actively prosecuted and that has been pending for no more than [ * * ] years following theearliest claimed priority date for such Spark Patent Right, Joint Patent Right or Research Program Patent Rightand that has not been cancelled, withdrawn from consideration, abandoned, disclaimed, finally rejected or expiredwithout the possibility of appeal or refilling