definiens: means : ( a ) a claim of an issued and unexpired patent under the Enanta IP or Collaboration IP, or asupplementary protection certificate thereof, which has not been held permanently revoked, unenforceable or invalid bya decision of a court, patent office or other forum of competent jurisdiction, unappealable or unappealed within thetime allowed for appeal and that is not admitted to be invalid or unenforceable through reissue, disclaimer or otherwise(i.e ., only to the extent the subject matter is disclaimed or is sought to be deleted or amended through reissue ) ; or ( b ) aclaim of a pending patent application under the Enanta IP or Collaboration IP that has not been abandoned, finallyrejected or expired without the possibility of appeal or refiling ; provided that shall exclude any suchclaim in such a pending application that has not been granted within six ( 6 ) years following the earliest priority filingdate for such claim ( unless and until such claim is granted )