definiens: means ( a ) an issued claim of any Patent Right that has not been permanently revoked, nor held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction that is unappealable or unappealed in the time allowed for appeal, and which has not been cancelled, withdrawn or abandoned or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise or ( b ) a pending claim of a patent application or series of related patent applications that has been pending, in the same or substantially the same cl aims, less than [ * * ] from the date of filing of the earliest patent application from which such patent application claims priority, which claim has not been cancelled, withdrawn or abandoned, or finally rejected by an administrative agency action from whic h no appeal can be taken . For clarity, a claim in a patent application that fails to issue within [ * * ] from its earliest priority date, and subsequently issues, becomes a Valid Claim upon issuance