definiens: means any claim from ( a ) an iss ued and unexpired patent included within the PSIVIDA Patent Rights or Program Patent Rights that has not been revoked or held unenforceable or inva lid by a final decision of a court or other Governmental A uthority of competent jurisdiction, unappealable or unappealed within the time allowed for appeal or th at has not been disclaimed, denied or admitted to b e invalid or unenforceable through reissue or disclaimer or o therwise ; or ( b ) a patent application included with in the PSIVIDA Patent Rights or Program Patent Rights ; pro vided however, that such a claim from a patent appl ication has not been canceled, withdrawn, or abandoned [ ... ] * . If a claim of a patent application ceases to be a Valid Claim under 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 Valid Claim effec tive as of the earlier of the grant, allowance or i ssuance of such patent