definiens: shall mean ( a ) a claim of an iss ued and unexpired patent which has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent ju risdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be i nvalid or unenforceable through reissue or disclaimer or othe rwise, or ( b ) a claim of a pending patent applicati on that was filed and has been prosecuted in good faith and has not been ( i ) cancelled, withdrawn, abandoned or fi nally disallowed without the possibility of appeal or ref iling of such application, or ( ii ) pending for more than [ * * * ] ( [ * * * ] ) years since such claim was first presented or is the result of amending another claim pending for mo re than [ * * * ] ( [ * * * ] ) years ( either in the same application or in anoth er application in the same jurisdiction ) so as to add or delete an obvious limitation, so as to make a trivial or nonsubstantive change, or so as to cha nge a matter of form