definiens: means either : ( a ) a claim of an issued and unexpired PATENT included within the NEKTAR AL PATENT RIGHTS that has not been ( i ) canceled with prejudice, ( ii ) declared invalid or unenforceable b y an irreversible and unappealable decision of a court or other appropriate body of competent jurisd iction, ( iii ) admitted to be invalid or unenforceable through disclaimer or otherwise, or ( iv ) abandoned ; or ( b ) a claim of a pending PATENT APPLICATION included within the NEKTAR AL PATENT RI GHTS filed and kept pending in good faith and that has not been ( i ) canceled with prejudice, ( ii ) withdrawn from consideration ( unless and until resubmitted or refiled ), ( iii ) fi nally determined to be unallowable by the applicabl e governmental authority ( and from which no appeal is or can be taken ), or ( i v ) abandoned