definiens: shall mean a cl aim : ( i ) in any issued, unexpired Penn Patent Right whic h has not been donated to the public, revoked nor h eld unenforceable or invalid by a governmental agency o r court of competent jurisdiction by a decision fro m which there is no appeal or ( if there is a right to appea l ) from which the period for appeal has expired wit hout such appeal, and that has not been disclaimed or admitte d to be invalid, or unenforceable through reissue, disclaimer or otherwise, or ( ii ) in any United States or forei gn patent application among the Penn Patent Rights, which shall not have been finally cancelled, withdrawn or aband oned by any administrative agency or other body of competent jurisdiction ; provided that, on a License d Product - by - Licensed Product and country - by - countr y basis, a pending patent application shall be deemed to hav e been abandoned if, as of the date that is [ * * ] ye ars subsequent to the earliest filing date from which s uch application claims priority, no other Valid Cla i m that covers the manufacture, use, offer for sale, sale o r importation of such Licensed Product has issued a s a patent in such country ( the ), and the claims of such application shall no longer constitute Valid Claims with respect to such Licens ed Product in such country as of such Constructive Abandonment Date