definiens: means either ( a ) a claim of an issued and unexpired patent or a supplementary protectioncertificate, which has not been held permanently revoked, unenforceable or invalid by a decision of a court, patentoffice or other forum of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and thatis not admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ( i.e., only to the extent thesubject matter is disclaimed or is sought to be deleted or amended through reissue ), or ( b ) a claim of a pending patentapplication that has not been abandoned, finally rejected or expired without the possibility of appeal or refiling, provided, however, that Valid Claim shall exclude any such claim in such a pending application that has not beengranted within the earlier of ( i ) ten ( 10 ) years following the earliest priority filing date for such claim and ( ii ) five ( 5)years from the date of issuance of the first substantive patent office action considering the patentability of such claimby the applicable patent office in such country, in each case unless and until such claim is granted in such country ( atwhich time such claim will become a Valid Claim again )