definiens: means ( i ) a claim of any issued and unexpired Pat ent whose validity, enforceability or patentability has not been affected by ( a ) irret rievable lapse, abandonment, revocation, dedication to the public or disclaimer or ( b ) a holding, finding or d ecision of invalidity, unenforceability or non - pate ntability by a court, governmental agency, national or regional pa tent office or other appropriate body that has comp etent jurisdiction, such holding, finding or decision bei ng final and unappealable or unappealed within the time allowed for appeal or ( ii ) a claim of a pending Pat ent application that was filed and is being prosecu ted in good faith and has not been ( a ) [ * * * ], ( b ) abandoned or ( c ) finally disallowed without the possibility of a ppeal or re - filing of the application ; provided, however, that in the case of ( ii)(a ), if, thereafter, a patent co ntaining such claim issues, such claim shall thereafter be consid ered a Valid Claim in accordance with subclause ( i ) above