definiens: means with respect to a particular country, a cla i m of a Patent Right within the Licensed Patent Rights that ( a ) with respect to an issued an d unexpired patent, ( i ) has not been held permanent ly revoked, unenforceable or invalid by a decision of a court o r other Governmental Authority of competent jurisdi ction, which decision is unappealable or has not been appealed w ithin the time allowed for appeal and ( ii ) has not expired or been cancelled, withdrawn, abandoned, disclaimed or admitted to be invalid or unenforceable through re issue, disclaimer or otherwise and ( b ) with respect to a p ending patent application, ( i ) has not been abandon ed or finally disallowed without the possibility of appeal or ref iling of such application and ( ii ) with respect to any patent application for which Licensee has provided [COMPANY] an Election Notice pursuant to Section 7.4.3 and wh ich [COMPANY] has elected to continue prosecuting, is not pending more than five ( 5 ) years after receipt by [COMPANY] o f such Election Notice