definiens: means ( a ) in the case of a US or foreign Patent a pplication, a claim that has not been cancelled, withdrawn, or abandoned without being re - filed in a nother application or that has not been finally rej ected by an administrative agency action from which no appeal h as been taken or can be taken or ( b ) in the case of an unexpired US or foreign Patent, a claim that has not been don ated to the public, disclaimed, nor held invalid or unenforceable by a court or government agency of competent jurisd iction in an unappealed or unappealable decision, i ncluding through opposition, reexamination, reissue or discl aimer ; provided, however, if a claim of a pending Patent application has not issued as a claim of an issued patent within the CSHL Patent Rights within [ * * * ] ( [ * * * ] ) years after the filing date of the patent application, su ch pending claim will cease to be a Valid Claim for purposes of this Agreement unless and until such pending claim becomes an issued claim of an i ssued patent within the CSHL Patent Rights ( at which time it will be deemed a )