definiens: means a claim of ( a ) an issued and u nexpired patent included within the Patent Rights which has not been held unenforceable or inv alid by a final, unreversed, and unappealable decision of a court or other government body of com petent jurisdiction, has not been irretrievably abandoned or disclaimed, or has not otherwise been finally admitted or finally determined by the relevant governmental authority to be invalid, unpa tentable or unenforceable, whether through reissue, reexamination, disclaimer or otherwise, or ( b ) a pending patent application within the Patent Rights which has not been withdrawn, abandoned, or had all claims finally rejected and has not been pending for more than [ * * * ] of the applicable appli cation or from the PCT filling date for applications derived from a PCT . For the sake of cl arity, a claim which issues more [ * * * ] will be considered a Valid Claim so long as it has not expi red . ” b