definiens: means ( i ) a claim of an issued patent in the Patent Rights that ( a ) has not expired or been abandoned ; ( b ) has not been disclaimed ; ( c ) has not been canceled or superseded, or if cancelled or superseded, has n ot been reasserted ; ( d ) has not been revoked, held invalid or otherwise declared unenforceable or not allowable by a tribunal or patent authority of competent jurisdiction over such claim in any country in which such patent may have issued ( from which no further appeal has or ma y be taken ) ; and/or ( e ) abandoned in accordance with or as permitted by the terms of thi s Agreement or by mutual written consent ; or ( ii ) a claim included in a pending patent applic ation under the Patent Rights, which claim is being actively prosecuted in accordance with this A greement, has been subject to prosecution for protection for no more than five years and has not been canceled, withdrawn from consideration, finally determined to be unallowable by the applicable governmental authority in such country ( and from which no appeal is or can be taken ), and/or abandoned in accordance with or as permitted by the terms of thi s Agreement by mutual written consent