definiens: means a claim ( a ) of any issued and unexpired SGI Patent ( as applicable ) whichhas not been revoked or held unenforceable or invalid by a decision of a court or governmental agency of competent jurisdictionfrom which no appeal can be taken, or with respect to which an appeal is not taken within the time allowed for appeal, and whichhas not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( b ) of anypatent application contained in the SGI Patents ( as applicable ) which shall not have been pending on or after the [ * ] of the dateof issuance of a first patent office communication during examination of the first application related thereto ( in the relevantcountry ), and shall not have been earlier cancelled, withdrawn or abandoned, and, on a country - by - country basis, which isenforceable on the operative date of inquiry by virtue of applicable law in such country