definiens: shall mean a claim contained in an issued and unexpired patent included inthe Licensed Patent Rights that has not been held unenforceable, unpatentable or invalid by a decision of a court or othergovernmental agency of competent jurisdiction in a decision from which no appeal can or has been taken, and which has notbeen admitted by TSRI to be invalid or unenforceable through abandonment, reissue or disclaimer, provided that anyconfidential contractual agreement or covenant not to sue or enforce any Licensed Patent Rights or claim contained thereinagainst a third party entered into by TSRI and such third party shall not constitute an admission of invalidity orunenforceability for purposes of this Section 1.33 . The term shall also include the claims of a pending patentapplication within the Licensed Patent Rights which have not been pending for a period of more than five ( 5 ) years from thedate of the first examination on the merits