definiens: shall mean, with respect to a particular country, ( i ) a claim of an issued, unexpired andin - force patent included within the [COMPANY] Patent Rights, Joint Patent Rights or [COMPANY] Patent Rights whichclaims or Covers the composition of matter of any Compound, which has not been revoked or heldunenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction ( whichdecision is not appealable or has not been appealed within the time allowed for appeal ), and which claim has notbeen cancelled, withdrawn, abandoned, disclaimed, denied or admitted to be invalid or unenforceable throughreissue, re - examination or disclaimer or otherwise or ( ii ) with respect to [COMPANY] Patent Rights only, is a claim ofa pending application that has been pending for less than [ * * ] from its first office action, which claims or Coversthe composition of matter of any Compound, which application is being prosecuted in good faith and has notbeen cancelled, abandoned, withdrawn or finally rejected or expired without the possibility of revival, reinstatement, appeal or refiling