definiens: means ( a ) a claim of an issued and unexpired [COMPANY] Patent, Joint Collaboration Patentor an [COMPANY] Collaboration Patent that ( i ) has not been rejected, revoked or held to be invalid or unenforceable by a courtth2or other authority of competent jurisdiction, from which decision no appeal can be further taken or ( ii ) has not been finallyabandoned, disclaimed or admitted to be invalid or unenforceable through reissue or disclaimer ; or ( b ) a claim included in apending patent application of an [COMPANY] Patent, Joint Collaboration Patent or an [COMPANY] Collaboration Patent ( whetherfiled before or after the Effective Date ) that ( i ) has not been pending for more than seven ( 7 ) years from the effective date offiling for such patent application ( provided, however that for purposes of clarity, in the event such pending claimsubsequently issues in an issued patent, then such claim shall again be a Valid Claim as of the date of issuance of suchpatent ) or ( ii ) has not been finally determined to be unallowable by the applicable governmental authority ( from which noappeal is or can be taken )