definiens: means ( a ) a claim of an issued and unexpired Patent to the extent such claim has not been revoked, held invalid or unenforceable by a patent office, court or other governmental agency of competent jurisdiction i n a final order, from which no further appeal can be or is taken, and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, re -examination or disclaimer or otherwise ; or ( b ) a claim within a patent applicat ion that has not been pending for more than seven ( 7 ) years from the earliest filing date to which such claim or the applicable patent application is entitled to claim priority and which claim has not been revoked, cancelled, withdrawn, held invalid, or ab andoned ; provided, however, that if a claim is issued after such seven ( 7 ) year period, such claim will, after issuance, be considered a Valid Claim in accordance with subsection ( a ) above