definiens: means either ( a ) a claim of an i ssued and unexpired patent included within the Licensed Patent Rights, which has not been held per manently revoked, unenforceable or invalid by a dec ision of a court or other Governmental Authority of competen t jurisdiction, unappealable or unappealed ( except by petition for writ of certiorari to the Supreme Cour t of the United States or to the highest applicable court ) within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through re issue or disclaimer or otherwise, or ( b ) a claim of a pendin g patent application included within the Licensed P atent Rights filed in good faith and pending for less tha n [ * ] from the first substantive office action on t he merits of such patent application, and has not been abandoned or finally disallowed without the possibility of a ppeal or refiling of such application