definiens: means ( a ) an issued and unexpired claim of any patent within the Licensed Patent Rights that has not been ( i ) permanently revoked, nor held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdic tion that is unappealable or unappealed within the time allowed for appeal, ( ii ) disclaimed or rendered unenforceable through disclaimer or otherwise, or ( iii ) abandoned ; or ( b ) a pending claim of any patent application within the Licensed Patent Rights th at has not been abandoned or finally rejected without the possibility of appeal or refiling or without such appeal having been taken or refiling having been made within the applicable time so allowed ; provided that, [ * * * ], a claim that, [ * * * ], has been pen ding for longer than [ * * * ] from the date of issuance of the first substantive patent office action considering patentability of such claim by the relevant patent office in the country or territory in which such claim is pending shall cease to be considered a Valid Claim upon such [ * * * ] unless and until such claim becomes the claim of an issued patent pursuant to clause ( a ) above