definiens: shall mean a claim of an issued and unexpired patent within the Program Patent Rights, JJPRD Patent Rights, or Sunesis Patent Rights, which has not been held unenforceable, invalid or unpatentable by a court or other government body having competent jurisdiction in a decision from which no appeal can or has been taken, and which has not been rendered unenforceable through disclaimer . shall also include the claim of a patent application within the Program Patent Rights, JJPRD Patent Rights, or Sunesis Patent Rights as well as any invention disclosure directed to Program Technology, JJPRD Technology, or Sunesis Core Technology . For the purpose of royalty determination and payment, any claim being prosecuted in a pending patent application shall be deemed to be the equivalent of a Valid Claim of an issued unexpired patent provided it is not pending for gr ~ ter thanl ~ ixl@ years from the filing date of the patent application in which case it will cease to be a Valid Clairri until the patent issues