definiens: means any claim included in ( i ) an issued and unexpired patent which neither has been revoked norheld unenforceable, unpatentable nor invalid by a decision of a court or Governmental or Regulatory Authority, unappealable or unappealed within the time allowed for appeal, nor has been admitted by the holder of the patent to beinvalid or unenforceable through reissue, disclaimer, abandonment, withdrawal or otherwise, or ( ii ) any patentapplication within the Company Proprietary Rights or Company Know - How, so long as such application is beingactively prosecuted and has not been pending for more than five years in the country in question and the claim hasneither been withdrawn ( unless such claim is being pursued in a co - pending application ) or abandoned by the ownerparty of the application nor finally cancelled, withdrawn, abandoned or rejected by any administrative agency or otherbody of competent jurisdiction not subject to further appeal