definiens: means, with respect to a particular country, ( a ) a claim of an issued and unexpired patent within the Patent Rights that has not been ( i ) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of co mpetent jurisdiction, unappealable or unappealed within the time allowed for appeal, ( ii ) rendered unenforceable through disclaimer or otherwise, ( iii ) abandoned or ( iv ) lost through an interference proceeding ; or ( b ) a pending claim in an application with in the Patent Rights and that has not been pending for more than [ * * ] from the earliest priority date of [ * * ] ( at which time such pending claim shall cease to be a Valid Claim unless and until such claim becomes a Valid Claim of an issued patent ) . For clarity, if a pending claim issues and meets the requirements of ( a ) above, it is a Valid Claim regardless of the amount of time such claim was pending