definiens: means all the infonnation contained in the patents and the patent applications listed in Exhibit A and any other teclmical information disclosed or referenced in Exhibit A The tenn means a claim in a pending or an issued . tmexpired patent within the Rockefeller Patent R.ights that ( a ) has not been finally cancelled, withdrawn, abandoned or rejected by any administrative agency or other body of competent jurisdiction, ( b ) has not been revoked, held invalid, or declared unpatentable or unenforceable in a decision of a court or other body of competent juriSdiction that is unappealable or unappealed within the time allowed for appeal, ( c ) ha ! ' ; not been rendered unenforceable through disclaimer or otherwise, alld ( d ) is not lost through an interference proceeding, provided however, that any claim that has been pending for more than five ( 5 ) years after Company requests in writing that Rockefeller actively prosecute such claim ( in the case of a claim to a specific microRNA sequence by filing a divisional application specific to such sequence ) shall cease to be a Valid Claim unless and until such claim is issued