definiens: means ( a ) a claim ( including a process, use, or co mposition of matter claim ) of an issued and unexpired patent, which has not been held invalid or unenforceable by a patent office, c ourt or other governmental agency or an intergovernmental agency of competent jurisdiction, which holding is unappea lable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid by the ow ner through reissue, disclaimer or otherwise and ( b ) a claim ( i ncluding a process, use, or composition of matter c laim ) within a patent application that has not been revoked, can celled, withdrawn, or affirmatively abandoned, or h eld invalid, unenforceable, unpatentable, or abandoned by a pate nt office, court or other governmental agency or an intergovernmental agency of competent jurisdiction, which holding is unappealable or unappealed within the time allowed for appeal ; provided, however, that Valid Claim will exclude any such pending claim in an app lication that has not been granted within the later of ( i ) s even ( 7 ) years following the * * * for * * * and ( ii ) * * * after * * * of the * * * in response to * * *, in either case, unless and until such claim is granted