definiens: shall mean ( a ) a claim of an issued and unexpired patent included within the Licensed Patent Rights, which has not been held pennanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise, and ( b ) a claim included in a pending patent application included in the Licensed Patent Rights that is being actively prosecuted and that has not been canceled, withdrawn from consideration, finally detennined to be unallowable by the applicable governmental authority ( from which no appeal is or can be taken ), or abandoned or disclaimed, provided that notwithstanding the foregoing clause ( b ), in the event that a pending claim in a pending patent application does not issue in an issued patent within~~e~5 ) year ~ after the earliest date from which such patent application claims priority, such a pending claim shall not be a Valid Claim, unless and until such pending claim subsequently issues in an issued patent, in which case such claim shall be reinstated and be deemed to be a Valid Claim as of the date of issuance of such patent in accordance with clause ( a ) above