definiens: means ( a ) any claim of an issued and unexpired Pa tent that has not been held unenforceable or invalid by a court or other govern mental agency of competent jurisdiction in a decisi on that is not appealed or can not be appealed, and that has no t been disclaimed or admitted to be invalid or unen forceable through reissue, reexamination, disclaimer or other wise, and ( b ) a pending claim in a bona fide, pendi ng patent application so long as such patent claim is prosecu ted with customary diligence . Notwithstanding the f oregoing clause ( b ), in the event that a pending claim in a pending patent application does not issue as a vali d and enforceable claim in an issued patent within [ * * * ] after the earliest date from which such claim was i nitially applied for, such a pending claim will not be a Val i d Claim, unless and until such pending claim subse quently issues as a valid and enforceable claim in an issue d patent, in which case such claim will be reinstat ed and be deemed to be a Valid Claim, subject to the other pr ovisions of this definition, as of the date of issu ance of such patent