definiens: means, with respect to a particular country, ( a ) any claim of an issued and unexpired Patent in such country that ( i ) has not b een held permanently revoked, unenforceable or inva lid by a decision of a court or Governmental Authority of co mpetent jurisdiction, which decision is unappealabl e or unappealed within the time allowed for appeal and ( ii ) has not been abandoned, disclaimed, denied or a dmitted to be invalid or unenforceable through reissue or disc laimer or otherwise in such country, or ( b ) a claim of a pending Patent application that has been pending without is suance for a period not longer than [ * * * ] years fro m the earliest priority date of such application, which claim is b eing diligently prosecuted and has not been abandon ed or finally disallowed without the possibility of appeal or re- filing of the application, provided for clarity tha t if such claim is thereafter included in a Patent meeting the requ irements of subclause ( a ) above, it shall be deemed a Valid Claim