definiens: means : ( a)any claim in a pending patent application included within the Licensed Patent Rights that is being activelyprosecuted ; or ( b)any claim in a granted or issued patent included within Licensed Patent Rights, which, in either case, has not been withdrawn, cancelled or disclaimed, nor held invalid or unenforceable by acourt of competent jurisdiction in an unappealed or unappealable decision . If AVEO notifies St Vincent ’s inwriting of its desire that a claim of a pending application in a particular country in the Territory be withdrawn orabandoned, and the claim remains pending as at the later of : ( i ) [ * * ] years after the Effective Date ; or(ii ) 10 years after the first substantive office action in relation to the claim, then the pending claim shall cease tobe a Valid Claim for the purposes of this definition ( but for avoidance of doubt, if and when granted or issued, the claim shall again be a Valid Claim )