definiens: means a claim of : ( a ) an issued and unexpired paten t, which claim has not lapsed or been dedicated to the public, withdrawn, cancelled, aban doned, disclaimed, revoked or held unpatentable, unenforceable or invalid by a decision of a court o r other governme ntal agency of competent jurisdiction ( which decision is unappealable or has not been app ealed within the time allowed for appeal ) and which has not been abandoned, disclaimed, denied or admit ted to be invalid or unenforceable through reissue, re - examinati on or disclaimer or otherwise or ( b ) a patent appli cation that has been pending less than seven ( 7 ) years from the date of filing of the earliest p atent application from which such patent applicatio n claims priority, which claim has not been cancelled, wit hdrawn or abandoned or finally rejected by an administrative agency action from which no appeal c an be taken ; provided, however, that, if any such claim issues after the end of such seven ( 7 ) year p eriod, it will upon such issuance again be a Valid Claim subject to clause ( a ) above