definiens: shall mean ( a ) a claim of an issued patent that has not been held unenforceable or invalid by an agencyor a court of competent jurisdiction in any final judgment as to which the owner or rights holder has no further right of appealand, in addition ( b ) a claim of a patent application which is being prosecuted or pursued in good faith for the United Statesand which meets the requirements for patentability under applicable law and that has not been abandoned or finally rejectedwithout the possibility of appeal or refiling . Either party may contest whether a claim in a pending patent application for theUnited States meets the requirements for patentability under applicable law . Such contest shall be made pursuant to theprocedures established by ARTICLE 11 except that ( i ) in lieu of submitting the issue to a single arbitrator, the issue shall besubmitted to a panel of three patent attorneys with experience in the subject matter for binding determination and ( ii ) thereshall be no appeal from the decision of the majority of such panel . The burden of proof before the arbitrators shall be apreponderance of the evidence