definiens: means a claim ( i ) of any issued, unexpired patent that has not been withdrawn, lapsed, abandoned, revoked, cancelled, disclaimed or held unenforceable or invalid by a decision of a court or governmental agency ofcompetent jurisdiction from which no appeal can be taken, or with respect to which an appeal is not taken within the timeallowed for appeal, and that has not been disclaimed or admitted to be invalid or unenforceable through reissue, disclaimeror otherwise or ( ii ) of any patent application that has not been cancelled, withdrawn, abandoned ( without the possibility ofreﬁling ) or ﬁnally rejected by the applicable patent authority or court without the possibility of appeal but, if a claim of apending patent application has not issued [ * * * ] after the earliest ﬁling date from which such claim takes priority, then suchclaim will cease to constitute a Valid Claim for the purposes of this Agreement unless and until such claim issues