definiens: means either ( a ) a claim contained in an issued a nd unexpired patent which constitutes [COMPANY] Patent Rights which claim ( i ) has not been held unenforceable, unpatentable or invalid by a governmental agency or a court of competent jurisdi ction in a decision which is unappealable or which was not appealed within the time allowed for appeal, and ( ii ) has not been admitted to be unenforceabl e, unpatentable or invalid through abandonment, reissu e, disclaimer [ * * * ] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED . ALL SUCH OMITTED MATE RIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED