definiens: means a claim of any ( a ) issued, unexpired patent that has not been revoked or held unenforceable or invalid by a decision of a court o r governmental agency of competent jurisdiction fro m which no appeal can be taken, or with respect to which an ap peal is not taken within the time allowed for appea l, and that has not been disclaimed or admitted to be invalid o r unenforceable through reissue, disclaimer or othe rwise or ( b ) a pending patent application that is being prosecut ed in good faith, that to [COMPANY] ’s Knowledge is p atentable, and that has not been finally abandoned, finally re jected or expired ( after exhaustion of all appeals ) ; provided, however, that if a claim of a pending patent applic ation shall not have issued within [ * * * ] years af ter the earliest filing date from which such claim take s priority, such claim shall not constitute a Valid Claim for the purposes of this Agreement unless and until a paten t issues with such claim