definiens: means, with respect to a particular country, a claim [ * * * ] of ( a)an issued and unexpired patent ( or a supplementary protection certificate thereof ) that hasnot ( i ) irretrievably lapsed or been abandoned, permanently revoked, dedicated to the publicor disclaimed or ( ii ) been held invalid, unenforceable or not patentable by a court, governmental agency, national or regional patent office or other appropriate body that hascompetent jurisdiction, which holding, finding or decision is final and unappealable orunappealed within the time allowed for appeal or ( b ) a pending patent application, which claimhas not been abandoned or finally disallowed without the possibility of appeal ; provided, that, if a pending patent application has been pending for longer than [ * * * ] from the date of filing [ * * * ], then such corresponding claim in such pending patent application will not be deemed tobe a Valid Claim ; provided that, if a claim ceases to be a Valid Claim by reason of theforegoing subclause ( b ), then such claim will again be deemed a Valid Claim in the eventsuch claim subsequently issues prior to the end of the Royalty Term in such country