definiens: shall mean ( i ) a claim in an unexpired, issued patent within the Licensed Intellectual Property that has not been found to be unpatentable, invalid or unenforceable by a, decision ofa court or other governmental body of competent jurisdiction in the country of the patent, which decision is unappealable or unappealed within the time allowed for appeal, that has not been rendered unenforceable through disclaimer or otherwise, and that has not been lost though an interference proceeding, or(ii ) for the time period ending on the seven ( 7)year anniversary of the Effective Date, a WEST\21515225.3 CONFIDENTIAL TREATMENT REQUESTED 4 claim in a pending patent application within the Licensed Intellectual Property . For purposes of clarity, no claim of any patent application shall be considered a Valid Milestone Claim at any time following the seven ( 7 ) year anniversary of the Effective Date