definiens: means, on a country per co untry basis, either : ( i ) a claim of an issued and unexpired patent included wi thin the Licensed Patent Rights which has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable throug h reissue or disclaimer or otherwise ; or ( ii ) a claim of a pending patent appl ication Page 4 of 34 < PAGE > included within the Licensed Patent Rights, which c laim was filed in good faith and has not been abandoned or finally disallowed wi thout the possibility of appeal or refiling of said application . Notwithstan ding the foregoing, if a claim of a pending patent application has not issue d as a claim of an issued patent within seven ( 7 ) years after the filing date from which such claim takes priority, such pending claim shall cease to be a Va lid Claim for purposes of this Agreement unless and until such claim becomes an issued claim of an issued patent