definiens: means : ( a ) a claim of an issued and unexpired pate nt within the Patent Rights that has not been ( i ) held permanently revoked, unenforc eable, unpatentable or invalid by a decision of a c ourt or governmental body of competent jurisdiction, unappe alable or unappealed within the time allowed for ap peal, ( ii ) rendered unenforceable through disclaimer or o therwise, ( iii ) abandoned or ( iv ) permanently lost through an interference or opposition proceeding without any r ight of appeal or review ; or ( b ) a pending claim of a pending patent application within the Patent Rights that ( i ) has been asserted and continues to be prosecuted in good faith, ( ii ) has not been abandoned or finally rejected wit hout the possibility of appeal or refiling, and ( ii i ) has not been pending for more than seven ( 7 ) years from the date of issuance of the first substantive patent office action considering patentability of such claim by the rele vant patent office in the country or territory in w hich such claim is pending . For purposes of calculating the e nd of the seven ( 7 ) years for which a given pending claim upon which a first substantive patent office action has been received remains a Valid Claim in accorda nce with clause ( b)(iii ) of the preceding sentence, that cla i m as originally filed and as it subsequently may b e amended shall be deemed to be one and the same single claim entitled to a single period of seven ( 7 ) years, su ch period commencing upon the first substantive patent office action that occurs for any version of such single claim