definiens: means a claim of ( i ) a pending patent application included within the Licensed Patents, whichclaim is pending in good faith ; or ( ii ) an issued patent included within the Licensed Patents, which claim has not lapsed, beencanceled or become abandoned and has not been declared invalid or unenforceable by an unreversed and unappealable decisionor judgment of a court or other appropriate body of competent jurisdiction, and which has not been admitted to be invalid orunenforceable through reissue, disclaimer or otherwise, provided that, with respect to claims of a pending patent application, ifany such pending claim has not issued as a claim of an issued patent within four ( 4 ) years after the filing date from which suchpatent application takes priority, such pending claim shall not be a Valid Claim for purposes of this Agreement, unless and until, subsequent to such four ( 4 ) year period, such pending claim is issued as a claim of an issued and unexpired patent