definiens: means ( a ) a claim of any issued and unexpired patent within the Licensed Patent Rights ; or ( b ) a claim of apending patent application within the Licensed Patent Rights and, in each case has not been ( i ) permanently revoked or heldunpatentable, invalid or unenforceable by a final decision of a court or governmental agency of competent jurisdiction, whichdecision can no longer be appealed or was not appealed within the time allowed, ( ii ) rendered unenforceable throughdisclaimer or otherwise, ( iii ) abandoned or ( iv ) permanently lost through an interference or opposition proceeding without anyright of appeal or review ; provided, however, that if a claim of a pending patent application within the Licensed Patent Rightsshall not have issued within [ * * * ] after the first official office action on its merits, such claim shall not constitute a ValidClaim for the purposes of this Agreement unless and until a patent issues with such claim ( from and after which time thesame would be deemed a Valid Claim )