definiens: shall mean a claim that, but for the rights granted thereto under this Agreement pursuant to Section 4.1, would beinfringed by the sale of a Licensed Product and is contained in ( a ) a claim of an issued, unexpired and granted Patent and has not beenirrevocably or unappealably disclaimed or abandoned, or been held unenforceable, unpatentable or invalid by a decision of a court or othergovernmental agency of competent jurisdiction from which no appeal can be or has been taken ; and which has not been admitted to be invalidor unenforceable through abandonment, reissue, disclaimer or otherwise ; or ( b ) a claim of a pending Patent that has been pending less thanseven ( 7 ) years from the earliest date on which such pending Patent claims priority and which continues to be prosecuted in good faith andhas not been cancelled, withdrawn, abandoned or finally rejected without the possibility of appeal or refiling