definiens: shall mean ( i ) any claim(s ) in an issued, unexpired patent which has not been held unenforceable, unpat entable, or invalid by a court or other governmental agency of compet ent jurisdiction, in a decision that is unappealable or unappealed, within the time allowed for appeal, and which has not been abandoned or admitted to be invalid or unenforceable through reissue or disclaimer or ( ii ) a claim of a pending patent application which is pending as of th e Effective Date and for which examination has been requested or, in the case of Japan and Canada, will be timely requested, and which claim sh all not have been canceled, withdrawn, abandoned or rejected by an admin istrative agency from which no appeal can be taken . If in the TERRITORY there should be two or more such decisions conflicting with respect to t he validity of the same claims, the decision of the higher or highes t tribunal shall thereafter control . However, should the tribunals be of equal rank, then the decision or decisions upholding the claim sh all prevail 6 < PAGE > when the conflicting decisions are equal in number, and the majority of decisions shall prevail when conflicting dec isions are unequal in number