definiens: shall mean a claim in an issued, unexpired patent or in a pending patent application within the Kava Patents, Single Pixel Patents or CG Patents that ( a ) has not been finally cancelled, wi thdrawn, abandoned or rejected by any administrative agency or other body of competent jurisdiction, ( b ) has not been revoked, held invalid, or declared unpatentable or unenforceable in a decision of a court or other bod y of competent jurisdiction that is unappealable or uappealed within the time a llowed for appeal, ( c ) has not been rendered unenforceable through disclaimer or otherwise, ( d ) is not lost through an interference proceeding or ( e ) to the ex tent pending, has not been pending for longer than five ( 5 ) years from the fil ing date of the earliest patent application from which the pending applicati on claims priority, provided that subsequent to such five ( 5 ) year period, if th e pending claim is issued as a claim of an issued and unexpired patent within th e Kava Patents, Single Pixel Patents or CG Patents, such claim shall be consider ed thereafter as a Valid Claim hereunder