definiens: shall mean ( a ) a claim of a n issued and unexpired patent within the Licensed P atents, which has not been held unenforceable, unpatentable or invalid by a final decision of a court or other governmental agency of competent jurisdiction, and which has not been admitted to be invalid or unenfo rceable through reissue, disclaimer or otherwise, or ( b ) a claim in a pending patent application within the Li censed Patents being prosecuted in good faith that has not been abandoned or finally rejected and which has b een pending for less than five ( 5 ) years after the earl iest priority date to which it is entitled . In the event subsequent to such five ( 5 ) year period, such pending claim is issued as a claim of an issued and un - expired pate nt included within clause ( a ) above, such claim shall be reinst ated thereafter as a in accordance wi th clause ( a ) above