definiens: means, with respect to any country : ( a ) a claim inan issued INBRX Patent that has not : ( i ) expired or been canceled ; ( ii ) been irretrievablyabandoned, revoked, declared invalid or unenforceable by an unreversed andunappealable or unappealed decision of a court or other appropriate body of competentjurisdiction in such country ; or ( iii ) been admitted by INBRX to be invalid or unenforceablethrough reissue, disclaimer or otherwise ; or ( b ) a claim under any application for an INBRXPatent that has been pending in a country for * * * or less from the first to occur of ( i ) the datethat such application enters into a national phase in such country, or ( ii ) the date of the firstdirect filing of such application in such country and, in any case, which has not beencanceled, withdrawn from consideration, finally determined to be unallowable by theapplicable governmental authority or court for whatever reason ( and from which no appealis or can be taken ), or abandoned