definiens: means a claim of : ( a ) an issued and unexpired patent, which claim has not been withdrawn, cancelled, abandoned, disclaimed, revoked or held unenforceable or invalid by an unappealable decision of a court orother governmental agency of competent jurisdiction, or has not been appealed within the time allowed for appeal, or byan appealed decision of a court or other governmental agency of competent jurisdiction where the appeal has beenpending for more than [ * * ] years ( unless and until such decision is subsequently overturned on appeal ) and which has notbeen abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination ordisclaimer or otherwise, or ( b ) a patent application that has been pending less than [ * * ] years from the date of filing ofthe earliest patent application from which such patent application claims priority, which claim has not been cancelled, withdrawn or abandoned or finally rejected by an administrative agency action from which no appeal can be taken