definiens: means a clai m in an issued, unexpired patent or in a pending patent application that ( a ) has not been finally cancelled, withdrawn, abandoned or rejected by any administrative agency or other body of competent jurisdiction, ( b ) has not been revoked, held invalid, or d eclared unpatentable or unenforceable in a decision of a court or other body of competent jurisdiction that is unappealable or unappealed within the time allowed for appeal, ( c ) has not been rendered unenforceable through disclaimer or otherwise, and ( d ) is not lost through an interference proceeding . Notwithstanding the foregoing, if a claim of a pending patent application has not issued as a claim of a patent as of the date that is seven ( 7 ) years after the PCT filing date ( or the first national filing da te if no PCT was filed ), such claim shall cease, as of such date, to be a Valid Claim for the purposes of this Agreement, unless and until such Portions of this Exhibit, indicated by the mark, were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant ’s application requesting confidential treatment pursuant to Rule 24b -2 of the Securities Exchange Act of 1934, as amended