definiens: haJI mean, on a country - by - country basis, either ( a ) a claim of an is ued and unexpired patent in any [COMPANY] Technolo gy which has not been held pennanently revoked, unenforceable or inval i d by a decision of a court or other governmental agency of competent jurisdiction, unappeaJable or unappealed within the time allowed for appeal, and which ha not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise . or ( b ) a claim of a pending palcnt application in any A gi Technology, which claim wa filed in good 71629292.171629292.2 004398 -00001 31 Con fiden tial faith and has not been abandoned or finally disallowed without the possibility of appeal or refiling of such application and in any event bas not bec : n pending for more than se n years