definiens: shall mean a claim of ( a ) an issued, unexpired patent that has not been revoked or heldunenforceable or invalid by a decision of a court or gover nmental agency of competent jurisdiction from which no ap peal canbe taken, or with respect to which an appeal is not taken within the time allowed for appeal, and that has no t beendisclaimed or admitted to be invalid or unenforceable t hrough reissue, disclaimer or otherwise, or ( b ) any paten t applicationthat has not been cancelled, withdrawn or abandoned, wi thout being re-ﬁled in another application in the app licablejurisdiction or has not been pending or ﬁled more than [ * * * ] years from the earliest possible priority date for said ap plication;provided that if such claim is later issued, it shall from the issua nce date forward, be deemed to be a Valid Claim