definiens: means with respect to a particular Licensed Produc t and a particular country, ( a ) in the case of an issued and unexpired patent, a claim that ( i ) has not been revoked or held unenf orceable or invalid by a decision of a court ( or other competen t legal authority having proper jurisdiction over t he matter in the subject country ) from which no appeal can be ta ken or has been taken within the time allowed for a ppeal ; and ( ii ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise in such country ; and ( b ) in the case of a pending patent application, a pendin g claim that was filed not more than [ * * * ] prior to the relevant date of inquiry, that has been prosecuted in good faith and has not been cancelled, withdrawn, abandoned or finally disallowed without the possibility of appeal or re filing