definiens: means : ( a ) an issued claim under an issued patent within the Patent Rights, which has not ( i ) expired or been canceled, ( ii ) been declared invalid by an unreversed and unappealable decision of a court or other appropria te body of competent jurisdiction, ( iii ) been admitted to be invalid or unenforce able through reissue, disclaimer or otherwise, andlor ( iv ) been abandoned : or ( b ) a claim included in a pending patent [COMPANY] . Aurora cOllaboca'iieemem CONFIDENTLAL TREATMENT REQUEST ED 03/24198,3:;7 PM application within the Patent Rights that is being actively prosecuted in accordance with this Agreement and which has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmental authority for whatever reason ( and from which no appeal is or can be taken ), or ( iv ) abandoned