definiens: means either ( a ) a claim of an issued and unexpired Invention Patent which has not been held permanentlyrevoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealableor unappealed within the time allowed for appeal and that is not admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ( i.e., only to the extent the subject matter is disclaimed or is sought to be deleted or amended throughreissue ), or ( b ) a claim of a pending Invention Patent application that has not been abandoned, finally rejected or expired withoutthe possibility of appeal or refiling, provided, however, that Valid Claim will exclude any such pending claim in an application thathas not been granted within the later of ( A ) seven ( 7 ) years following the earliest non - provisional priority filing date for suchapplication and ( B ) five ( 5 ) years after receipt of the first office action in response to such application, unless and until such claimis granted