definiens: means ( i ) a claim of any issued and unexpired Patent whose validity, enforceability or patentability has not been affected by ( a ) irretrievable lapse, abandonment, revocation, dedication to the public or disclaimer or ( b ) a holding, finding or decision of invalidity, unenforceability or non -patentability by a court, governmental agency, national or regional patent office or other appropriate body that has competent jurisdiction, such holding, finding or decision being final and unappealable or unappealed within the time allowed for appeal or ( ii ) a claim of a pending Patent application that was f iled and is being prosecuted in good faith and has not been abandoned or finally disallowed without the possibility of appeal or re -filing of the application ; provided that such pending Patent application has not been pending for more than [ * * * ] from its earliest priority date ; further provided that if such claim is later issued, it shall from the issuance date forward be deemed to be a Valid Claim . For clarity, any claim in a pending application that is filed after [ * * * ] from its earliest priority date sha ll not be considered a Valid Claim until such claim is granted and meets the requirement of subsection ( i )