definiens: means a claim of : ( a ) an issued and unexpired Protiva Patent, [COMPANY] Patent or Product Composition Patent, which claim has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which is not appealable or has not been appealed within the time allowed for appeal, and which has not been abandoned, disclaimed, denied, or admitted to be invalid or unenforceable through reissue, r e - examination or disclaimer or otherwise ; or ( b ) a patent application that is a Protiva Patent, [COMPANY] Patent or Product Composition Patent that has not been pending for more than * * * * * years after the original priority date for said application, and that has not been cancelled, withdrawn or abandoned, or finally rejected by an administrative agency action, and which is not appealable or has not been appealed within the time allowed for appeal