definiens: means either ( a ) a claim of an issued and unexpired patent included within the Patents whichhas not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agencyof competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not beenadmitted to be invalid or unenforceable through reissue or disclaimer or otherwise or ( b ) a claim of a pending patentapplication included within the Patents, which claim was filed in good faith and has not been abandoned or finallydisallowed without the possibility of appeal or refiling of said application . Notwithstanding the foregoing ( and subjectto Article 3.3(iii ) ), if a claim of a pending patent application has not issued as a claim of an issued patent within ten(10 ) years after the filing date from which such claim takes priority, such pending claim shall cease to be a Valid Claimfor purposes of this Agreement unless and until such claim becomes an issued claim of an issued patent