definiens: means a claim of an issued and unexpired patent, o r a claim of a pending patent application, within the Licensed Patents, which cla i m has not been held invalid, unpatentable or unenf orceable by a court or other government agency of competent jurisdiction from which no appeal can be further ta ken, and has not been held or admitted to be invalid, unpate ntable or unenforceable through abandonment, re - exa mination or disclaimer, opposition procedure, nullity suit o r otherwise, which claim covers or claims a License d Product or its manufacture or use ; provided, however, that if a claim of a pending patent application shall no t have issued as a claim of an issued patent within [ * * * ] after t he earliest filing date from which such claim takes priority such claim shall not constitute a Valid Claim for the pu rposes of this Agreement unless and until such clai m shall issue as a claim of an issued patent