definiens: means any claim from ( a ) an issued and unexpired patent included within the PSIVIDA Patent Rights or PSIVIDA Program Patent Rights that has not been revoked or held unenforce able or invalid by a final decision of a court or other -11- CONFIDENTIAL TREATMENT REQUESTED Governmental Authority of competent jurisdiction, u nappealable or unappealed within the time allowed f or appeal or that has not been disclaimed, denied or a dmitted to be invalid or unenforceable through reis sue or disclaimer or otherwise ; or ( b ) a patent applicatio n included within the PSIVIDA Patent Rights or PSIV IDA Program Patent Rights ; provided however, that such a claim from a patent application has not been canc eled, withdrawn, or abandoned [ * ] . If a claim of a patent application ceases to be a PSIVIDA Valid Claim und er item ( b ) because of the passage of time and later issues as part of a patent within item ( a ), then it shall again be considered to be a PSIVIDA Valid Claim effective as of the earlier of the grant, allowance or issuance of such patent