definiens: means either ( a ) a claim of an issued and unexpired patent included within the Isis Patent Rights, which has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unap pealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or un enforceable through reissue or disclaimer or otherw ise or ( b ) a claim of a pending patent application include d within the Isis Patent Rights, which was filed in good faith and has not been abandoned, finally rejected or exp ired without the possibility of appeal or refiling, provided however, that Valid Claim will exclude any such pen ding claim in an application that has not been gran ted within ( x ) [ * * * ] years following the earliest filin g date for such application in the United States ( u nless and until such claim is granted ), and ( y ) [ * * * ] years followi ng the earliest filing date for such application ou tside of the United States ( unless and until such claim is grant ed )