definiens: means a claim in an issued and unexpired Patent Right or an application for a PatentRight that has not lapsed or been abandoned, canceled, disclaimed, revoked, held unenforceable, unpatentable or invalid bya decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the timeallowed for appeal, and that has not been admitted to be invalid or unenforceable through re - examination, re - issue, disclaimer or otherwise, or lost in an interference proceeding ; provided, however, that if a claim of a pending patentapplication shall not have issued within [ * * * ] after the earliest ﬁling date from which such claim takes priority, such claim shallnot constitute a Valid Claim for the purposes of this Agreement unless and until a Patent Right issues with such claim ( fromand after which time the same would be deemed a Valid Claim )