definiens: shall mean either ( a ) a claim of an issu ed and unexpired Patent ( including the term of any patent term extension, supplemental protection certificate, renewal or other extension ) that has not been held unpatentable, invalid or unenforceable in a final decision 24 of a court or other Governmental Authority of competent jurisdiction from which no appeal may be or has been taken, and that has not been admitted to be invalid or unenforceable through reissue, re -examination, disclaimer or otherwise, or ( b ) a pending cla i m of a Patent Application that was filed in good faith and has not been abandoned or finally disallowed without the possibility of appeal or refiling ; provided however, that Valid Claim will exclude any such pending claim in any such Patent Application th at has not been granted within [ * * * ] years after the filing date of any of ( i ) such Patent Application, ( ii ) a PCT application of which such Patent Application is the national or regional stage ; or ( iii ) a PCT or regular national or regional patent applica tion to which such Patent Application claims a prior filing date