definiens: means ( a ) an issued claim of any issued patent wi thin the CDL Patents that has not expired, or been revoked, cancelled, become aba ndoned or disclaimed, been declared invalid and/or unenforceable by a patent office or a decision or j udgment of a court or other appropriate body of com petent jurisdiction ; and ( b ) a claim included in a pending patent application included in the CDL Patents tha t is being prosecuted in good faith and that has not been canc elled, withdrawn from consideration, finally determ ined to be unallowable by the patent office or applicable gove rnmental authority ( from which no appeal is or can be taken ), or abandoned or disclaimed ; provided, however, that, i f a claim of a patent application has been pending for more than seven ( 7 ) years, such claim will not constitute a V alid Claim for the purposes of this Agreement unles s and until a Patent issues with such claim ; provided, further, t hat, for purposes of the foregoing proviso, any new ly filed claim which claims priority to any earlier filed claim sh all be considered pending for the same period of ti me as such earlier filed claim has been pending