definiens: means either : ( a ) a claim of an issued and unexpired patent included within the CeTUS Patents that has not been disclaimed or abandoned or withdrawn and has not been held unenforceable or invalid or permanently revoked by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise ; ( b ) a claim of a pending patent application included within the CeTUS Patents which claim was filed in good faith and has not been abandoned or finally disallowed without the possibility of appeal or refiling of such application, which application and any application to which priority is claimed for such application, in the aggregate has not been pending for more than [ ~ven ( 7 ) years ], or ( c ) a claim of a pending patent application included within the CeTUS Patents, which claim was filed in good faith and has not been abandoned or finally disallowed without the possibility of appeal or refiling of such application, and that has been pending for more than [ seyen.(7 ) years ], but subsequently is issued and satisfies the criteria of subsection ( a ) above