definiens: shall mean a claim that ( a ) in the case of any unexpired United States or foreign patent, shall not have been dedicated to the public, 15 CONFIDENTIAL TREATMENT Executioll Copy disClaimed, nor held invalid or unenforceable by a court or government agency of competent jwisdiction in an unappealed or unappealable decision, or ( b ) in the case of any United States or foreign patent application, ( i ) shall not have been cancelled, withdrawn or abandoned, without being refiled in another application in the applicable jurisdiction, ( ii ) shall not have been finally rejected by an administrative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 seven ( 7 ) years, in either case which claim ( i f issued ) would cover the Manufacture, use or 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