definiens: means either : ( a ) a claim of a pending Patent app lication, which claim was filed and is being prosecuted in good faith and has not been aba ndoned or finally disallowed without the possibilit y of appeal or re - filing of the application, provided that such prosecution has not been on- going for more than [ * * * ] years from its earliest priority date an d provided further that if, thereafter, a patent containing such claim issues, then such claim shall thereafter be considered a Valid Claim in accordance with clause ( b ) below ; or ( b ) a claim of any issued and unexpired Patent for which the validity, enforceabi lity, or patentability has not been affected by any of th e following : ( x ) irretrievable lapse, abandonment, revocation, dedication to the public, or disclaimer ; or ( y ) a holding, finding, or decision of invalidi ty, unenforceability, or non- patentability by a court, governmental agency, nati onal or regional patent office, or other appropriate body that has compete nt jurisdiction, such holding, finding, or decision being final and unappealable or unappealed within t he time allowed for appeal