definiens: means a claim of a Patent that is ( a ) issued and not expired or lapsed, which claim has not been ( i ) cancelled, withdrawn, abandoned, dedic ated to the public, admitted to be invalid or unenf orceable or ( ii ) formally revoked or held invalid, unpatentable or unenforceable by a patent office, tribunal, cou rt or other governmental agency of competent jurisdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within the allowable time perio d ) or ( b ) in a pending patent application, which ap plication ( i ) has not been pending for more than [ * * * ] and ( i i ) has not been ( A ) rejected, cancelled, withdrawn, or abandoned, without the possibility of continued pro secution or ( B ) finally determined to be unallowabl e in a decision from which an appeal has not and can no lo nger be taken