definiens: means ( a ) a claim ( including a process, use, or composition of matter claim ) of an issued andunexpired patent, which has not been held invalid or unenforceable by a patent office, court or other governmental agency oran intergovernmental agency of competent jurisdiction, which holding is unappealable or unappealed within the time allowedfor appeal, and which has not been admitted to be invalid by the owner through reissue, disclaimer or otherwise and ( b ) aclaim ( including a process, use, or composition of matter claim ) within a patent application that is pending for less than [ * ] years from its the earliest priority date and that has not been revoked, cancelled, withdrawn, or affirmatively abandoned, orheld invalid, unenforceable, unpatentable, or abandoned by a patent office, court or other governmental agency or anintergovernmental agency of competent jurisdiction, which holding is unappealable or unappealed within the time allowedfor appeal