definiens: means ( a ) a claim of any issued, unexpired Patent included in the TransferredIntellectual Property that has not irretrievably lapsed or been donated to the * * * Confidential Treatment Requested public, finally disclaimed, abandoned or held finally invalid or unenforceable by a court of competentjurisdiction in an unappealed or unappealable decision, or ( b ) a claim of a patent application included in theTransferred Intellectual Property that has been pending less than [ * * * ] years from the earliest date on whichsuch patent application claims priority and which claim was filed and is being prosecuted in good faith andhas not been cancelled, withdrawn or abandoned or finally rejected by an administrative agency action fromwhich no appeal can be taken ; provided, that, in the event a claim that has been pending for more than [ * * * ] years subsequently issues, as long as the applicable Royalty Term has not otherwise expired, the resultingissued Patent shall be considered a Valid Patent Claim for so long as it meets the requirements of clause(a ) above