definiens: shall mean either : ( a ) a claim of an issued and unexpired patent included within the PATENT RIGHTS which hasnot been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competentjurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been disclaimed, denied or admitted to beinvalid or unenforceable through reexamination, reissue, disclaimer or otherwise ; or ( b ) a claim of a pending patent application included withinthe PATENT RIGHTS, which claim has not been abandoned or finally disallowed without the possibility of appeal or refiling of suchapplication, and has been pending for less than seven ( 7 ) years from the date such claim takes priority and has not been ( i ) canceled, ( ii)withdrawn from consideration, ( iii ) finally determined to be unallowable by the applicable governmental authority ( and from which no appeal isor can be taken ), or ( iv ) abandoned