definiens: shall mean a claim that ( a ) in the case of any unexpired United States or foreign patent, shall not have been donated to the public, disclaimed, nor held invalid or unenforceable by a court or government agency of competent jurisdiction in an unappealed or unappealable decision, or ( b ) in the case of any United States or foreign patent application, ( i ) shall not have Doc, 114500 - 5 Page 8 312312006 IOA2 AM been cancelled, withdrawn or abandoned, without being refiled in another application in the applicable jurisdiction, ( ii ) shall not have been finally rejected by an administrative agency or other governmental action from which no appeal can be taken and ( iii ) shall not have been pending for more than five ( 5 ) years, and in either case which claim ( if issued ) would be infringed by the sale of any Licensed Product . For purposes of this definition, the time period for which a claim is pending shall begin on the priority date for such claim and shall continue until such claim is either issued or is no longer deemed to be a Valid Claim in accordance with the preceding sentence regardless of whether such claim is amended or refiled in another application in the applicable jurisdiction . If a claim of a patent application that ceased to be a Valid Claim under ( b ) due to the passage of time later issues as part of a patent described within ( a ) then it shall again be considered to be a Valid Claim effective as of the issuance of such patent