definiens: means either : ( a ) a claim of an issued and unexpired PATENT included within the NEKTAR AL PATENT RIGHTS that has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or ( b ) a claim filed and kept pending in good faith that is included in a published PATENT APPLICATION that has been pending for less than five ( 5 ) years from the date such claim was filed and that substantially corresponds to an issued claim in the United States included in ( a ) and that has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmental authority ( and from which no appeal is or can be taken ), or ( iv ) abandoned . Notwithstanding the foregoing, VALID NEKTAR AL PATENT CLAIM shall not include any claim(s ) of a PATENT APPLICATION or PATENT assigned by COMPANY to NEKTAR AL pursuant to a SERVICES AGREEMENT and with respect to which no employees of NEKT AR AL are named inventors