definiens: means ( i ) a claim of an issued and unexpired Patent that ( a ) has not been rejected, revoked or held to beinvalid or unenforceable by a court or other authority of competent jurisdiction, from which decision no appeal can be furthertaken or ( b ) has not been finally abandoned, disclaimed or admitted to be invalid or unenforceable through reissue ordisclaimer ; or ( ii ) a claim included in a pending patent application ( whether filed before or after the Closing Date ) that ( a ) hasnot been pending for more than [ * ] years after the earliest date from which such patent application claims priority ( provided, however that for purposes of clarity, in the event such pending claim subsequently issues in an issued patent, then such claimshall again be a Valid Claim as of the date of issuance of such patent ) or ( b ) has not been finally determined to be unallowableby the applicable Governmental Authority ( from which no appeal is or can be taken )