definiens: shall mean ( a ) any claim of an issued and unexpired patent within the Acquired Assets on the Closing Date which has not been held unenforceable or invalid by a court or other governmental agency of competent jurisdiction in anuriappealed or unappealable decision, and which has riot been disclaimed or admitted to be invalid or unenforceable through reissue or otherwise, _ or ( b ) on the Closing Date and with respect to the jurisdiction in question, a pending claim in a pending patent application within the Acquired Assets . Notwithstanding Section 1.29(b ) above, in the event that a pending claim in a pending _ patent application does not issue as a valid and enforceable claim in an issued patent within five ( 5 ) years after the date from which such patent application takes earliest priority, such a pending claim shall not be a Valid Claim, unless and until such pending claim subsequently issues as a valid and enforceable claim in an issued patent, in which case such claim shall be reinstated and be deemed to be a Valid Claim as of the date of issuance of such pat ~ nt