definiens: shall mean a claim contained in ( a ) an issued and unexpired [COMPANY] Patent, Synosia Patentor Joint Patent which has not been held unenforceable, unpatentable or invalid by a decision of a court or othergovernmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, andwhich has not been admitted to be invalid or unenforceable through abandonment, reissue, disclaimer or otherwise or(b ) a patent application that is included in the [COMPANY] Patents, Synosia Patents or Joint Patents that has been pendingfor less than seven ( 7 ) years . If a claim or a patent application that ceased to be a Valid Claim under clause ( b ) of thepreceding sentence because of the passage of time later issues as a part of a patent within clause ( a ) of thepreceding sentence, then it shall again be considered a Valid Claim effective as of the issuance of such patent