definiens: shall mean : ( a ) a claim of an issued and unexpired patent, which claim has not been revoked or held unenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction, which decision is not appealable or has not been appealed within the time all owed for appeal, and has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re -examination, disclaimer or otherwise ; or ( b ) a patent application that has not been irretrievably cancelled, withdrawn or abandon ed and that has been pending for less than seven ( 7 ) years from the earliest worldwide priority date from which such claim takes priority . If a claim of a patent application that ceased to be a Valid Claim under clause ( b ) of the preceding sentence because of the passage of time later issues as a part of a patent within clause ( a ) of the preceding sentence, then it shall again be considered a Valid Claim effective as of the issuance of such patent