definiens: means ( a ) a claim of any issued and unexpired patent that ( i ) has not been dedicated to thepublic, disclaimed, revoked or held unenforceable or invalid by a decision of a court or governmental agency ofcompetent jurisdiction from which no appeal can be taken, or a decision of a court or governmental agency ofcompetent jurisdiction that can be appealed, but with respect to which an appeal has not been taken within the timeallowed for appeal, and ( ii ) has not been disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or ( b ) a claim of any pending patent application that ( i ) has not been cancelled, withdrawn orabandoned, without being re - filed in another application in the applicable jurisdiction, ( ii ) has not been finally rejectedby an administrative agency or other governmental action from which no appeal can be taken and ( iii ) has not beenpending or filed more than seven ( 7 ) years from the earliest possible priority date for such patent application ; provided, however, that if such pending patent application results in an issued patent after such seven ( 7 ) year period haselapsed, such patent derived from such application shall represent a Valid Claim