definiens: shall have the meaning set out in Section 9.1.1 1.39 shall mean ( i ) any claim of an issued and unexpired Licensor Patent Right, which has not been held unenforceable or invalid by a court or other governmental agency of competent jurisdiction in a decisi on that is not appealed or can not be appealed, and which has not b een disclaimed or admitted to be inva lid or unenforceable through reissue or otherwise, or ( ii ) a pending claim in a pending patent application within the Licensor Patent Rights . Notwithstanding the foregoing clause ( i ), in the event that a pending claim in a pe nding application does not issue as a valid and enforceable clai m in an issued patent within five ( 5 ) years after the earliest da te from which such patent appl ication claims priority, such a pending claim will not be a Valid Claim, unless and until such pending claim subsequently i ssues as a valid and enforceable claim in an issued patent, in which case su ch claim will be reinstated and be deemed to be a Valid Claim as of the date of issuance of such patent