definiens: means ( i ) any claim of an issued and unexpired patent within the CA T Licensed Patents, [COMPANY] Supplemental Patents, Enzon Supplemental Patents, or Consolidated Patent Portfolio, as the case may be, which has not been held unenforceable or invalid by a court or other governmental agency of competent jurisdiction in a decision that is not appealed or can not be appealed, and which has not been disclaimed or admitted to be invalid or unenforceable through reissue or otherwise, or ( ii ) a pending claim in a pending patent application within the CA T Licensed Patents, [COMPANY] Supplemental Patents, Enzon Supplemental Patents or Consolidated Patent Portfolio, as the case may be . Notwithstanding the foregoing clause ( ii ), in the event that a pending claim in a pending patent ap£!ication does not issue as a valid and enforceable claim in an issued patent withinfji~,¢(5 ) year ~ fter the earliest date from which such patent application claims priority, such a pending claim will not be a Valid Claim, unless and until such pending claim subsequently issues as a valid and enforceable claim in an issued patent, in which case such claim will be reinstated and be deemed to be a Valid Claim as of the date of issuance of such patent