definiens: means a claim contained in ( a ) an issued and unexpired patent included within the ( i ) [COMPANY] Separate Technology and/or ( ii ) Program Technology, that has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and that has not been admitted to be invalid or unenforceable through abandonment, reissue, disclaimer or otherwise, or ( b ) a pending patent application that is included within the [COMPANY] Separate Technology and/or the Program Technology, which application claims in the case of any country outside [ Japan ], a first priority date of no more than [ five ( 5 ) ] years, and in the case of [ Japan ], a first priority date of no more than [ eight ( 8) ] years, in each case, prior to the date upon which pendency is determined . If a claim of a patent application that ceased to be a Valid Claim under subsection 1.89(b ) later issues or grants as a patent within the scope of subsection 1.89(a ), then such claim shall again be considered to be a Valid Claim, effective as of the earlier of the grant, allowance, or issuance of such patent