definiens: shall mean either : ( a ) a claim of an issued and u nexpired patent included within the PATENT RIGHTS which has not been revoked or hel d unenforceable, unpatentable or invalid by a decis ion of a court or other governmental agency of competen t jurisdiction, unappealable or unappealed within t he time allowed for appeal, and which has not been disclaim ed, denied or admitted to be invalid or unenforceab le through reexamination, reissue, disclaimer or other wise ; or ( b ) a claim of a pending patent applicatio n included within the PATENT RIGHTS, which claim has not been abandoned or finally disallowed without the possibi lity of appeal or refiling of such application, and has been pending for less than five ( 5 ) years from the date such claim takes priority, unless and so long as the cla i m is still being pursued with reasonable diligence, in which case less than seven ( 7 ) years ; in each case to the extent such pending claim has not been ( i ) cancele d, ( ii ) withdrawn from consideration, ( iii ) finally determi ned to be unallowable by the applicable governmenta l authority ( and from which no appeal is or can be ta ken ), or ( iv ) abandoned . Determination of whether a claim of any patent [ * * * ] Certain information in this document has been omitted and filed separately with the Securities a nd Exchange Commission . Confidential treatment has bee n requested with respect to the omitted portions