definiens: shall mean a claim : ( i ) in any issued, unexpired Patent which has not been donated to the public, permanently revoked or held unenforceable or invalid by a governmental agency or court of competent jurisdiction by adecision from which there is no appeal or ( if there is a right to appeal ) from which the period for appeal has expired withoutsuch appeal, and that has not been disclaimed or admitted to be invalid, or unenforceable through reexamination, reissue, disclaimer or otherwise, or ( ii ) in any United States or foreign patent application among the Patents, which shall not have beenfinally cancelled, withdrawn or abandoned by any administrative agency or other body of competent jurisdiction . For purposesof this Section 1.30, a pending patent application shall be deemed to have been abandoned as of the date four ( 4 ) yearssubsequent to the earliest filing date asserted for such application ( ), and the claims of suchapplication shall no longer constitute Valid Claims as of such Constructive Abandonment Date