definiens: means either ( a ) a claim of an issued and unexpired patent which has not been heldpermanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competentjurisdiction, unappealable or unappealed within the time allowed for appeal and that is not admitted to be invalid orunenforceable through reissue, disclaimer or otherwise ( i.e., only to the extent the subject matter is disclaimed or issought to be deleted or amended through reissue ), or ( b ) a claim of a pending patent application that has not beenabandoned, finally rejected or expired without the possibility of appeal or refiling, provided however, that Valid Claimshall exclude any such pending claim in an application that has not been granted within seven ( 7 ) years following theearliest priority filing date for such application ( unless and until such claim is granted )