definiens: means a claim of ( a ) an issue d and unexpired patent included in the Patents that has not been ( i ) held unpatentable or unenforc eable by a final decision of a court or other gover nmental body of competent jurisdiction, unappealable or unappeal ed within the time allowed for appeal, and ( ii ) aba ndoned or admitted to be invalid or unenforceable through rei ssue or disclaimer or otherwise, or ( b ) a pending p atent application included in the Patents that has been p ending for no longer than [ * * * ] from the publicatio n date for the particular patent application, that continues to be actively prosecuted in good faith unless and until such claim has been granted . For clarity, any pending claim in an application in any country that has not been grante d within [ * * * ] from the publication date shall not be included as a Valid Claim until such claim is granted . A claim of a Patent or patent application having a priority date following the Effective Date of this Agreement, to the exten t that the claim solely claims an alternate manufacturing proc ess to produce the Bulk Product, including any of i ts components, shall not be included as a ; provided that [ * * * ]