definiens: means ( a ) a claim of any issued and unexpired Patent Rights ( but excluding patentapplications ) whose validity, enforceability, or patentability has not been affected by any of the following:(i ) irretrievable lapse, abandonment, revocation, dedication to the public, or disclaimer ; or ( ii ) a holding, finding, or decision of invalidity, unenforceability, or non - patentability by a court, Government Authority, national or regional patent office, or other appropriate body that has competent jurisdiction, such holding, finding, or decision being final and unappealable or unappealed within the time allowed for appeal ; or ( b ) aclaim of a pending application included within Patent Rights that was filed and is being prosecuted in goodfaith and has not been abandoned or finally disallowed without the possibility of appeal or re - filing of theapplication ; provided that such pending application has not been pending for more than [ * * * ] after the prioritydate for such application