definiens: means ( i ) a claim of any issued and unexpired Patent whose validity, enforceability or patentability has not been affected by ( a ) irretrievable lapse, abandonment, revocation, dedication tothe public or disclaimer or ( b ) a holding, finding or decision of invalidity, unenforceability or non - patentability by acourt, governmental agency, national or regional patent office or other appropriate body that has competentjurisdiction, such holding, finding or decision being final and unappealable or unappealed within the time allowed forappeal or ( ii ) a claim of a pending Patent application that was filed and is being prosecuted in good faith and has notbeen abandoned or finally disallowed without the possibility of appeal or re - filing of the application ; provided, however, that if a claim of a pending patent application shall not have issued within [ * * * ] years after the earliest filing date fromwhich such claim takes priority, such claim shall not constitute a Valid Claim for the purposes of this Agreementunless and until a patent issues with such claim