definiens: shall mean : ( a ) a claim of an issued and unexpired patent within the Patent Rights that has not been ( i ) held permanently revoked, une nforceable, unpatentable or invalid by a decision o f a court or governmental body of competent jurisdiction, unappe alable or unappealed within the time allowed for ap peal, ( ii ) rendered unenforceable through disclaimer or otherw ise, ( iii ) abandoned or ( iv ) lost through an interf erence proceeding ; or ( b ) a pending claim of a pending pat ent application within the Patent Rights that ( i ) h as been asserted and continues to be prosecuted in good faith, ( ii ) has not been abandoned or finally rejected without the possibility of appeal or refiling, and ( iii ) has not been pendi ng for more than five ( 5 ) years from the date of is suance of the first substantive patent office action considering the patentability of such claim by the applicable p atent office in such country ( at which time such pending claim shal l cease to be a Valid Claim for purposes of this Ag reement unless and until such claim becomes a claim of an i ssued patent )