definiens: means : ( a ) a claim of an issued and unexpired pat ent within the Licensed Patent Rights that has not been ( i ) held permanently revok ed, unenforceable, unpatentable or invalid by a dec ision of a court or governmental body of competent jurisdictio n, unappealable or unappealed within the time allow ed for appeal, ( ii ) disclaimed or rendered unenforceable t hrough disclaimer or otherwise, or ( iii ) abandoned, or ( b ) a pending claim of a pending patent application withi n the Licensed Patent Rights, which claim has not b een pending for more than [ * * * ] years from the first su bstantive office action with respect to the pending claim and has not been abandoned or finally rejected without the possibility of appeal or refiling or without su ch appeal having been taken or refiling having been made with in the applicable time periods . The invalidity of a particular claim in one or more countries shall not invalidate such claim in any remaining countries . For the avo idance of doubt, a pending claim of a patent application file d pursuant to the Patent Cooperation Treaty shall b e considered pending in all designated jurisdictions