definiens: means ( a ) a claim in an issued Patent that has not : ( i ) expired or been canceled ; ( ii ) been declared invalid by an unreversed and una ppealable or unappealed decision of a court or othe r appropriate body of competent jurisdiction ; ( iii ) been admitted to be invalid or unenforceable through reissue, di sclaimer or otherwise ; or ( iv ) been abandoned in accordance wit h or as permitted by the terms of this Agreement or by mutual written agreement of the Parties or ( b ) a claim of any patent application that has not been cancelled, withdrawn, abandoned or finally rejected by an administrative agency action from which no appeal can be taken ; provided that any such claim in any pending patent application ha s not been pending for more than [ * * * ] years from t he filing date of the earliest patent application from which such claim derives priority ; and provided, further, that, if any such claim issues after the end of such [ * * * ] year period, it will upon such issuance again be a Valid Claim subject to clause ( a ) above