definiens: means : ( a ) a claim of an issued Patent that has not ( i ) expired or been canceled, ( ii ) been declared invalid or unenforceable by a decision of a court or other appropriate body of competent jurisdiction, from which no appeal is or can be taken, ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( iv ) been abandoned, disclaimed or dedicated to the public ; and ( b ) a claim included in a pending patent application that is being actively prosecuted in accordance with this Agreement and that has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmental authority ( from which no appeal is or can be taken ), or ( iv ) abandoned or disclaimed . Notwithstanding the foregoing clause ( b ), in the event that a pending claim in a pending patent application is rejected and does not issue in an issued Patent within six ( 6 ) years after the earliest date from which such claim was originally presented, such a pending claim will not be a Valid Claim, unless and until such pending claim subsequently issues in an issued Patent, at which time such claim may again be a Valid Claim as of the date of issuance of such Patent, if such claim also meets the requirements of this Section 1.73 Interpretation . Unless the context of this Agreement otherwise requires, ( a ) words of one gender include the other gender ; ( b ) words using the singular or plural number also include the plural or singular number, respectively ; ( c ) the terms and other similar words refer to this entire Agreement ; and ( d ) the terms and tlSectiontl refer to the specified Article and Section of this Agreement . Whenever this Agreement refers to a number of days, unless otherwise specified, such number shall refer to calendar days