definiens: means the person in favour of whom a Sub - licence is granted in accordance with clause 5 means and is limited to any valid claim of a validly issued unexpired and non - lapsed Project Patent which has not been held permanently revoked, unenforceable or invalid in a judgment or decree which becomes not further appealable or reviewable through the exhaustion of all permissible applications for appeal, rehearing or review by any superior court or tribunal or through the expiration of time permitted for such applications, ( which judgment or decree has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise ) . If there should be two or more decisions within the same country which are conflicting with respect to the invalidity of the same claim, the decision of the highest tribunal will thereafter control . However should the tribunals be of equal authority, then the decision or decisions holding the claim valid will prevail where the conflicting decisions are equal in number and the majority of decisions will prevail where the conflicting decisions are not equal in number . Where a Project Patent has been issued in a country other than Australia without a separate and independent examination by the relevant authorities of that country that patent will be deemed to have a scope equivalent to the scope of the claims of any corresponding Australian Patent which has had examination in Australia