definiens: means a claim within the Patent Rights ( including any re - issued and unexpired patents)which, but for the licence and other rights granted pursuant to Clauses 4.1 and 4.3 hereof, would beinfringed by the manufacture, use, sale, offer for sale, exportation or importation of Product byLicensee or its Sublicensees and which also ( a ) has not been cancelled, withdrawn, abandoned orrejected by any administrative agency or other body of competent jurisdiction, and ( b ) has not beenrevoked, held invalid or Page 4CONFIDENTIAL declared unpatentable or unenforceable in a decision of a court or other body of competent jurisdictionthat is unappealable or unappealed within the time allowed for appeal, and ( c ) has not been renderedunenforceable through disclaimer or otherwise, and ( d ) has not been disclaimed or otherwise dedicatedto the public by [COMPANY], and ( e ) is not lost through an interference proceeding and any appealstherefrom