definiens: means a claim in a pending patent application or an issued and unexpired patent that : ( a ) has not been finallycancelled, withdrawn, abandoned or rejected by any administrative agency or other body of competent jurisdiction notsubject to further appeal ; ( b ) has not been revoked, held invalid, or declared unpatentable or unenforceable in a decision of acourt or other body of competent jurisdiction that is unappealable or unappealed within the time allowed for appeal ; ( c ) hasnot been rendered unenforceable through disclaimer, abandonment, withdrawal or otherwise ; and ( d ) with respect to a claim ina pending patent application, such claim is being actively prosecuted in . good faith and is believed in good faith to meet therequirements of patentability in the relevant jurisdiction ; provided, however, that this clause ( d ) shall not apply to any suchclaims that have been pending for more than four ( 4 ) years from the priority date of the applicable patent application