definiens: means ( a ) an issued claim of any issued patent within the NotchPatents that has not expired, or been revoked, cancelled, become abandoned or disclaimed, been declared invalid and/or unenforceable by a patent office or a decision or judgment of a courtor other appropriate body of competent jurisdiction ; and ( b ) a claim included in a pending patentapplication included in the [COMPANY] Patents that is being prosecuted in good faith and that has notbeen cancelled, withdrawn from consideration, finally determined to be unallowable by the patentoffice or applicable governmental authority ( from which no appeal is or can be taken ), orabandoned or disclaimed ; provided, however, that, if a claim of a patent application has beenpending for more than seven ( 7 ) years, such claim will not constitute a Valid Claim for thepurposes of this Agreement unless and until a Patent issues with such claim ; provided, further, that, for purposes of the foregoing proviso, any newly filed claim which claims priority to anyearlier filed claim shall be considered pending for the same period of time as such earlier filedclaim has been pending