definiens: means : ( a ) a claim of a pending IL-21 Related Patent that has been pending for less than [ * ] yearsfrom the filing date of the earliest filed patent application anywhere in the world from which such pending IL-21 RelatedPatent claims priority and has not been cancelled, withdrawn or abandoned or ( b ) an unexpired, granted IL-21 Related Patentthat has not : ( i ) been disclaimed, withdrawn, canceled, or abandoned ; or ( ii ) been finally rejected or held invalid by a decisionof a patent - granting authority beyond right of review or appeal ; or ( iii ) been held invalid or unenforceable in an unappealabledecision of a court or competent body having jurisdiction ( including a decision which was appealable, but which was nottimely appealed ) . For the avoidance of doubt, if a claim of a patent application within the IL-21 Related -10- * Confidential Treatment Requested . Patents that issues or grants after [ * ] years from the filing date of the earliest filed patent application anywhere in the worldfrom which such pending IL-21 Related Patent claims priority, such claim from such issued or granted IL-21 Related Patentshall be considered a valid claim in accordance with clause ( b ) above