definiens: means, with respect to a particular country, ( i ) a claim of an issued and unexpired Patent in such country that ( a ) has not been revoke d or held unenforceable or invalid by a decision of a court or governmental agency of competent jurisdi ction from which no appeal can be taken or has been taken within the time allowed for appeal, and ( b ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through rei ssue or disclaimer or otherwise in such country ; or ( ii ) a claim of a pending Patent applicable in such country . In the event a Patent has been held to be invalid or unenforceable, and an appeal is pending, such claims shall not be considered a Valid Claim until reinstated by a final decision, not subject t o further appeal, of a court or governmental agency of competent jurisdiction ; provided, however, that once reinstated, a Valid Claim shall be consid ered a Valid Claim retroactively as if the Patent had neve r been held to be invalid or unenforceable