definiens: shall mean ( i ) a claim of an iss ued, unexpired, uncanceled, and unabandoned patent included within the Patent Rights owned or Controlled by a Party, which has not been held u nenforceable or invalid by an unreversed and unappealable decision of a cou rt, tribunal, or other governmental agency of competent jurisdiction, and which has not been disclaimed or admitted to be invalid or unenforceab le through reissue, disclaimer, or otherwise, and ( ii ) for purposes of Section 2.13 only, pending applications for letters patent that are be ing actively prosecuted and which have not been canceled, withdrawn from co nsideration, finally determined to be unallowable by the applicable gove rnmental authority for whatever reason ( and from which no appeal is or can be taken ), and/or abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written consent, including without lim itation any continuation, division or continuation - in - part ther eof and any provisional applications