definiens: means : ( a ) a pending claim of a patent application within the PATENT RIGHTS, which ( i ) is beingprosecuted in good faith, and ( ii ) has not been abandoned or finally rejected without the possibility of appeal or refiling ; or(b ) a claim of an issued or granted and unexpired patent within the PATENT RIGHTS, which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealedwithin the time allowed for appeal, which has not been rendered unenforceable through disclaimer or otherwise, which has notbeen abandoned, or which has not been lost through an interference proceeding ; provided that if a claim of a pendingapplication has not issued within 8 years after the filing date from which such claim takes priority, such pending claim shallonly be a VALID CLAIM from and after such time as such claim issues