definiens: means any claim of ( a ) an issued and unexpired pa tent or ( b ) a pending patent application, in each case included within th e [COMPANY] Patent Rights ; provided that such claim has not been abandoned, revoked or held unenforceable, inva lid or unpatentable by a court or other government body of competent jurisdiction with no further possibility of appeal and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable through rei ssue, re - examination or disclaimer or otherwise . A claim within a pending patent application that has been p ending issuance for more than [ … * * * … ] from the date of filing of the earliest priority patent application to which such pending patent application is entitle d shall not be a Valid Patent Claim, unless and until it issues . 19 1.51 means the [COMPANY] Patent Rights and the Zymewor ks Know - How