definiens: means ( a ) a claim of any issued and unexpired Patent whose validity, enforceability, or patentabilit y has not been affected by any of the following : ( i ) irretrievable lapse, abandonment, revocation, dedication to the public, or disclaimer ; or ( ii ) a holding, finding, or decision of invalidity, unenforceability, or non -patentability by a court, government al agency, national or regional patent office, or other appropriate body that has competent jurisdiction, such holding, finding, or decision being final and unappealable or unappealed within the time allowed for appeal, or ( b ) a claim in a pending patent a pplication which was filed and is being prosecuted in good faith, and has not been abandoned or finally disallowed without the possibility of appeal or re -filing of the application, for up to five ( 5 ) years from its priority date