definiens: means any claim of an issued, in force and unexpi red patent, or pending patent application within the [COMPANY] Patent Rights or t he Project Arising IP ( excluding [COMPANY] Project Patent Rights and [COMPANY] Project Arising IP ) that : 1.62.1 has not been finally cancelled, withdrawn, abandon ed or rejected by any administrative agency or other body of competent jurisdiction and is not subject to further appeal, 1.62.2 has not been revoked, held invalid, or declared un patentable or unenforceable in a decision of a court or other body of competent jurisdiction tha t is unappealable or unappealed within the time all owed for appeal, and 1.62.3 has not been rendered unenforceable through discla imer, abandonment, withdrawal, dedication to the public, allowing to lapse through non - payment of renewal fees or otherwise