definiens: means, with respect to a particular country and a particular Licensed Product orAlpine Royalty Product ( as applicable ): ( a ) a claim in an issued Patent that has not : ( i ) expired or been canceled ; ( ii)been declared invalid by an unreversed and unappealable ( or unappealed ) decision of a court or other appropriate bodyof competent jurisdiction ; ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or(iv ) been abandoned in accordance with or as permitted by the terms of this Agreement or by mutual writtenagreement of the Parties ; or ( b ) a claim under an application for a Patent that has not been canceled, withdrawn fromconsideration, finally determined to be unallowable by the applicable governmental authority or court for whateverreason ( and from which no appeal is or can be taken ), or abandoned ; provided, however, that if a claim of a pendingpatent application shall not have issued within seven ( 7 ) years after the earliest filing date from which such claimtakes priority, such claim shall not constitute a Valid Claim for the purposes of this Agreement unless and until apatent right issues with such claim ( from and after which time the same would be deemed a Valid Claim )