definiens: shall mean with respect to a particular country, and in each case to the extent contained within ( i ) a Patent Right which forms part of the [COMPANY] Background Intellectual Property or ( ii ) a CV9202 Specific Patent Right ( a ) any claim of an issued and unexpired patent in such country that ( i ) has not been held permanently revoked, unenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction, which decision is un -appealed or un -appealable within the time allowed for appeal ; and ( ii ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise in such country ; or ( b ) a claim of a pending patent application, which claim has not been abandoned or finally disallowed without the possibility o f appeal or re -filing of the application ; provided, however, that once the priority date or earliest filing date to which the pending patent application that comprises such claim refers is more than [ * * * * * ] old, such claim shall not constitute a Valid Claim for purposes of this Agreement anymore unless and until a patent issues with such claim