definiens: means any claim from ( a ) an issued and unexpired patent included within the KosanPatent Rights that has not been revoked or held unenforceable or invalid by a final decision of a court or othergovernmental authority of competent jurisdiction, unappealable or unappealed within the time allowed for appeal or thathas not been disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise;or ( b ) a patent application included within the [COMPANY] Patent Rights ; provided however, that such a claim from a patentapplication has not been canceled, withdrawn, or abandoned or been pending for more than [ * ] from the date of its firstpriority filing anywhere in the world . If a claim of a patent application that ceased to be a Valid Claim under item(b ) because of the passage of time that later issues as part of a patent within item ( a ), then it shall again beconsidered to be a Valid Claim effective as of the earlier of the grant, allowance or issuance of such patent