definiens: means, with respect to referenced Patent Rights, ( a ) a published and pending claim of a patentapplication that is included in the Patent Rights t hat is being Prosecuted diligently and in good fait h, but has not beenpending for more than a total of [ * ] years after the earliest priority date for such claim and has n ot been finallyrejected through a binding decision without filing of an appeal or with loss of all right to appeal, o r ( b ) an issued claimof any patent included in the Patent Rights in any country that ( i ) has not expired ; ( ii ) has not been disclaimed ; ( iii ) hasnot been canceled or superseded, or if canceled or superseded, has been reinstated ; and ( iv ) has not b een revoked, held invalid, or otherwise declared unenforceable o r not allowable by a tribunal or patent authority o f competentjurisdiction over such claim in such country from w hich no further appeal has or may be taken