definiens: means : ( a ) a claim included in any issued patent orinventor ’s certificate within the Patents that has notbeen : ( i ) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court orgovernmental body of competent jurisdiction, unappealable or unappealed within the time allowedfor appeal ; ( ii ) rendered unenforceable throughdisclaimer or otherwise ; ( iii ) abandoned ; or ( iv)permanently lost through an interference oropposition proceeding without any right of appeal orreview ; ( b ) a pending claim of a pending patentapplication or applications for inventor ’s certificateswithin the Patents that : ( i ) has been filed andcontinues to be prosecuted ; and ( ii ) has not beenabandoned or finally rejected without the possibilityof appeal or refiling ; or(c ) protection under a Supplementary ProtectionCertificate ( as referred to in clause 1.1.13 above),any patent term extension under US law or any otherstatutory protection similar to any of the aforegoingin respect of any of the patents or patentapplications referred to in ( a ) or ( b ) above ( includingin respect of any Product covered by any of saidpatents or patent applications ) ( any of the foregoingin this paragraph ( c ), a ) . For theavoidance of doubt, for the purposes of theforegoing, patents and patent applications shallinclude all continuations, continuations - inpart, patents of addition, divisions, renewals, reissues andextensions ( including any patent term extension ) ofany of the aforegoing patents and patent applicationsthat are included in the Patents ; and - 13 - 1.1.19