definiens: means [ REDACTED ] 1.85 means, with respect to a particular country and a CD38 Product, a claim of any issued and unexpired Patent, or a pending claim of a good faith patent application, under any CD38 Patent ( for the avoidance of doubt, including witho ut limitation, any claim of an issued Patent or pen ding claim of a good faith patent application claiming a ny [COMPANY] Invention or Joint Invention ) which ( a ) Covers such CD38 Product in the Field in such c ountry and ( b ), whose validity, enforceability, or patentability has not been affected by any of the f ollowing : ( i ) irretrievable lapse, abandonment, cancellation, withdrawal, revocation, dedication to the public, or disclaimer ; or ( ii ) a holding, finding, or decision of invalidity, unenforceability, or non - pa tentability by a court, governmental agency, nation al or regional patent office, or other appropriate body t hat has competent jurisdiction, such holding, findi ng, or decision being final and unappealable or unappealed within the time allowed for appeal ; provided, however, that a pending claim of a patent applicati on shall cease to be a Valid Claim if such pending claim does not issue within five ( 5 ) years after the fili ng date of the patent application from which it aro se . For clarity, a claim which issues after being pending f or more than five ( 5 ) years after the filing date o f the patent application as described above shall again b e considered a Valid Claim going forward as of the date of issuance