definiens: shall mean either : ( i ) a claim of an issued and unexpired patent included in the Licensed Patents, which has not been held permanently re voked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which decision is unappealable or unappealed within the time allowed for appeal, and which claim has not been admitted to be invalid or unenfor ceable through reissue or disclaimer or otherwise, or ( ii ) a pending claim of a pending patent application that is classified under Section 1.7 as Licensed Patents, which claim ( a ) was filed in good faith, ( b ) is reasonably likely to issue, ( c ) has not bee n abandoned or finally disallowed without the possibility of appeal or refining of said application, and ( d ) has not been pending for a period in excess of seven ( 7 ) years from the earliest date from which the patent application was filed or claims priorit y in such country