definiens: means any person or entity other than Licensee or Joslin or any of their Affiliates 1.17 will mean : ( a ) a claim of an issued and unexpired patent within the Licensed Patents that has not been ( i ) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, ( ii ) rendered unenforceable through disclaimer or otherwise, ( iii ) abandoned, or ( iv ) permanently lost through an interference or opposition proceeding without any right of appeal or review ; or ( b ) a pending claim of a pending patent application within the Licensed Patents that ( i ) has been asserted and continues to be prosecuted in good faith and ( ii ) has not been pending in excess of five ( 5 ) years and ( iii ) has not been abandoned or finally rejected without the possibility of appeal or refiling