definiens: shall mean ( a ) any clai m of an issued and unexpired patent within the Acquired Assets on the Closing Date which has not b een held unenforceable or invalid by a court or oth er governmental agency of competent jurisdiction in an unappealed or unappealable decision, and which has not been disclaimed or admitted to be invalid or unenfo rceable through reissue or otherwise, or ( b ) on the Closing Date and with respect to the jurisdiction in questi on, a pending claim in a pending patent application within the Acquired Assets . Notwithstanding Section 1.29(b ) above, in the event that a pending claim in a pend ing patent application does not issue as a valid and enforceab le claim in an issued patent within five ( 5 ) years after the date from which such patent application takes earliest p riority, such a pending claim shall not be a Valid Claim, unless and until such pending claim subsequently is sues as a valid and enforceable claim in an issued patent, in which case such claim shall be reinstated and be de emed to be a Valid Claim as of the date of issuance of such patent