definiens: means a claim of ( a ) an issued and unexpired patent or a supplementary protection certificate within the Licensed Patents, that has not been held permanently revoked, unenforceable, or in valid by a decision of a court or other Governmental Authori ty of competent jurisdiction, unappealable or unapp ealed within the time allowed for appeal and that is not admitted to be invalid or unenforceab le through reissue, disclaimer, or otherwise ( i.e., only to the extent the subject matter is disclaimed or is sought to be deleted or amended through reissue ), and ( b ) a pending patent application that has not been abandoned, finally re jected or expired wi thout the possibility of appeal or refiling, provid ed however, that will exclude any suc h pending claim in an application that has not been g ranted within five ( 5 ) years following the filing o f such claim, or a claim not materially different therefrom, in any application in the respective cou ntry ( unless and until such claim is granted )