definiens: means the person in favour of whom a Sub - licence ISgranted Inaccordance with clause 5 means and is limited to any valid claim of a validly issued unexpiredand non - lapsed Project Patent which has not been held permanently revoked, unenforceable or invalid in a judgment or decree which becomes not furtherappealable or reviewable through the exhaustion of all permissible applications forappeal, rehearing or review by any superior coun or tribunal or through theexpiration of time permitted for such applications, ( which judgment or decree hasnot been admitted to be invalid or unenforceable through reissue or disclaimer orotherwise ) . [ fthere should be two or more decisions within the same countrywhich are conflicting with respect to the invalidity of the same claim, the decisionof the highest tribunal will thereafter control . However should the tribunals be ofequal authority, then the decision or decisions holding the claim valid will prevailwhere the conflicting decisions are equal in number and the majority of decisionswill prevail where the conflicting decisions are not equal in number . Where aProject Patent has been issued in a country other than Australia without a separateand independent examination by the relevant authorities of that country that patentwill be deemed to have a scope equivalent to the scope of the claims of anycorresponding Australian Patent which has had examination in Australia