definiens: means ( i ) a claim of an issued and unexpired patent which has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealed or unappealable within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or othe rwise ( an ), and/or ( ii ) a pending claim of any pending patent application which has been filed and continues to be prosecuted in good faith and is not abandoned or finally disallowed without the possibility of appeal or refil ing ( a ) ; provided, however, that, with respect to any Licensed Product or Licensor Improvement Product, no Pending Claim which has not become an Issued Patent Claim shall continue to constitute a Valid Claim for more than five year s following the first approved commercial sale of the first Licensed Product or Licensor Improvement Product which qualifies as a Licensed Product or Licensor Improvement Product solely as a result of such Pending Claim