definiens: shall mean a claim contained in ( a ) an issued and unexpired patent which has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time a llowed for appeal, and which has not been admitted to be invalid or unenforceable through abandonment, reissue, disclaimer or otherwise or ( b ) a patent application that has not been * * * Certain Confidential Information Omitted 14 Confidential irretrievably cancelled, withdrawn or abandoned and that has been pending for less than seven ( 7 ) years from the filing date from which such claim takes priority .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 pr eceding 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