definiens: shall mean a claim contained in ( a ) an issued and unexpired patent which has not been heldunenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competentjurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to beinvalid or unenforceable through abandonment, reissue, disclaimer or otherwise, or ( b ) a patent application that hasbeen pending for less than [ * * * ] ( i ) from the Effective Date, for patent applications pending as of the Effective Date, or(ii ) from [ * * * ], for patent applications filed after the Effective Date . If a claim or a patent application that ceased to bea Valid Claim under clause ( b ) of the preceding sentence because of the passage of time later issues as a part of apatent within clause ( a ) of the preceding sentence, then it shall again be considered a Valid Claim effective as of theissuance of such patent