definiens: means ( a ) a claim of an issued and unexpired patent in - cluded within the Patent Rights which claim has not been held invalid in a final decision of acourt of competent jurisdiction from which no appeal may be taken, and which has not been dis - claimed or admitted to be invalid or unenforceable through reissue or otherwise or a c aIm ofa pen mg patent application included within the Patent g ts ; provl e owever . that such aclaim from a pending patent application within the Patent Rights has not been canceled, with - drawn, or abandoned or been pending for more than seven ( 7 ) years from the date of its first pri - ority filing anywhere in the world . Ifa claim of a patent application ceases to be a Valid Claimunder clause ( b ) of this Section 1.35 because of the passage of time and later issues as part of apatent within clause ( a ) of this Section 1.35, then it shall again be considered to be a Valid Claimeffective as of the earlier of the grant, allowance or issuance of such atent