definiens: means ( a ) a claim of an issue d and unexpired Patent included within the [COMPANY] P atents, the Licensee Patents or the Joint Patents, to the e xtent such claim has not been revoked, held invalid or unenforceable by a patent office, court or other go vernmental agency of competent jurisdiction in a fi nal order, from which no further appeal can be taken, and whic h claim has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examin ation or disclaimer ; or ( b ) a claim of any patent a pplication ( where such claim was filed in good faith ) within t he [COMPANY] Patents, the Licensee Patents or the Join t Patents, to the extent such claim has not been canceled, withdr awn, abandoned, or pending for more than seven ( 7 ) years from its earliest priority date