definiens: ) ' 1.106 . means : ( a ) any claim of an issued and unexpired patent ( including extensions and supplementary protection certificates thereof ) contained in the [COMPANY] Patent Rights or Joint Patent Rights that ( i ) has not been rejected, revoked or held unenforceable or invalid by a final, nonappealable decision of a court or other Governmental Authority of competent jurisdiction or unappealed within the time allowable for appeal and ( ii ) has not been explicitly disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; and ( b ) any claim of a patent application contained in the [COMPANY] Controlled Patent Rights that ( i ) has not been pending for more than seven ( 7 ) years from the Effective Date, ( ii ) has not been rejected, revoked or held unenforceable or invalid by a final, nonappealable decision of a court or other Governmental Authority of competent jurisdiction or unappealed within the time allowable for appeal and ( iii ) has not been explicitly disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise