definiens: means a claim of a Patent that : ( a ) has not been rejected, revoked or held to be invalid or unenforceable by a court or other authority of comp etent jurisdiction, from which no appeal can be fur ther taken ; or ( b ) has not been finally abandoned, disclaimed o r admitted to be invalid or unenforceable through r eissue or disclaimer . In order to be a Valid Claim, any claim being prosecuted in a pending patent application m ust be prosecuted in good faith and not have been pending for more than [ * * * ] years from the earliest date fr om which such application claims the priority or benefit of the first utility patent application ( or equivalent concept in any such country ) in the patent application family in t he country in question, in which case it will cease to be considered a Valid Claim until the patent issues an d recites said claim ( from and after which time the same would be deemed a Valid Claim )