definiens: shall mean either ( a ) a claim of an issued and unexpired patent included within the [COMPANY] Patents or Bago Patents that has not been disclaimed or abandoned or withdrawn and has not been held unenforceable or invalid or permanently revoked by a decision of a court or other governmental agency of competent jurisdiction,,, '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 through reissue or disclaimer or otherwise ; ( b ) a claim of a pending patent application included within the foregoing, which claim was filed in good faith and has not been abandoned or finally disallowed without the possibility of appeal or refiling of such application and the subject matter of which has not been pending for more than five ( 5 ) years, including the pendency of any prior application ; or ( c ) a claim that has been pending for more than five ( 5 ) years, including the pendency of any prior application that subsequently is issued and satisfies the criteria of subsection ( a ) above