definiens: means ( i ) a claim of any issued, unexpired Licensed Patent Right that has not beenrevoked or held unenforceable or invalid by a decision of a court or governmental authority ofcompetent jurisdiction from which no appeal can be taken, or with respect to which an appeal is nottaken within the time allowed for appeal, and that has not been disclaimed or admitted to be invalid orunenforceable through reissue, disclaimer or otherwise or ( ii ) a pending claim of a pending patentapplication within the Licensed Patent Rights, which claim has not been pending for more than seven(7 ) years from the first substantive office action with respect to the pending claim and has not beenabandoned or finally rejected without the possibility of appeal or refiling or without such appeal havingbeen taken or refiling having been made within the applicable time periods ; provided that a claim ofany pending patent application that is deemed not to be a Valid Claim as a result of the limitation inclause ( ii ) shall thereafter be considered a Valid Claim if such claim subsequently issues in an issuedpatent