definiens: means on a country by country basis ( a ) a claim of any issued, unexpired patent included in the Purchased Assets thathas not been revoked or held unenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction from whichno appeal can be taken, or with respect to which an appeal is not taken within the time allowed for appeal, and that has not been disclaimedor admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or ( b ) a claim of any pending or published patentapplication included in the Purchased Assets that has not been cancelled, withdrawn or abandoned and that has not been pending for morethan ten ( 10 ) years from the filing date of the earliest patent application that is within the same patent family as such pending or publishedapplication . For purposes of clarification, if a claim in an application has been pending for more than ten ( 10 ) years from the earliest suchpending or published application within the same such patent family ’s priority date, and a patent subsequently issues containing such claim, then upon issuance of the patent, the claim will thereafter be considered a Valid Claim