definiens: means ( i ) a claim of any issued and unexpired Patent whosevalidity, enforceability or patentability has not been affected by ( a ) irretrievable lapse, abandonment, revocation, dedication to the public or disclaimer or ( b ) a holding, finding or decision of invalidity, unenforceability or non - patentability by a court, governmental agency, national or regional patent office orother appropriate body that has competent jurisdiction, such holding, finding or decision being final andunappealable or unappealed within the time allowed for appeal or ( ii ) a claim of a pending Patentapplication that was filed and is being prosecuted in good faith and has not been abandoned or finallydisallowed without the possibility of appeal or re - filing of the application ; provided, however, that if a claimof a pending patent application shall not have issued within [ * * * ] ( [ * * * ] ) [ * * * ] after the earliest filing datefrom which such claim takes priority, such claim shall not constitute a Valid Claim for the purposes ofthis Agreement unless and until a patent issues with such claim