definiens: shall mean : ( a ) a claim of an issued and unexpired patent included within the Licensed Compound Patents thathas not been abandoned, cancelled or held permanently revoked, unenforceable or invalid by a decision of a court orother governmental agency of competent jurisdiction unappealed within the time allowed for appeal, or that has notbeen admitted to be invalid or unenforceable through reissue or disclaimer or otherwise ; or ( b ) a claim of a pending patent application included within the Licensed Compound Patents, whichpatent application was filed and is being prosecuted in good faith and has not been cancelled, withdrawn fromconsideration, abandoned or finally disallowed without the possibility of appeal or refiling of the application and thathas not been pending for more than seven ( 7 ) years from the earliest date from which the patent application claimspriority . If the patent application is a continuation, divisional or other continuing application, the seven ( 7 ) year periodmentioned above shall be calculated from the first application filed in the series of applications