definiens: means a claim : ( a)of any issued, unexpired patent whose validity, enforceability, or patentability has not been affected by anyof the following : [ † ] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUESTFOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION 13 ( i)a holding, finding, or decision of invalidity, unenforceability, or non - patentability by a court, governmental agency, national or regional patent office, or other appropriate body that has competentjurisdiction, such holding, finding, or decision being final and from which no appeal can be taken, orwith respect to which an appeal is not taken within the time allowed for appeal, or ( ii)disclaimer, irretrievable lapse, abandonment, revocation, dedication to the public, denial or admissionof invalidity or unenforceability through reissue, disclaimer or otherwise, or ( b)of any patent application which has not been cancelled, abandoned, withdrawn from consideration, finallydetermined to be unallowable ( from which no appeal is or can be taken ), or abandoned or disclaimed;PROVIDED that [ † ] ( i ) [ † ], or ( ii ) [ † ]