definiens: means ( a ) a claim of any issued and unexpired PatentRights ( including the term of any patent term extension, supplemental protection certificate, renewal or other extension ) whose validity, enforceability or patentability has not been affectedby ( i ) irretrievable lapse, abandonment, revocation, dedication to the public or disclaimer or ( ii ) aholding, finding or decision of invalidity, unenforceability or non - patentability by a court, governmental agency, national or regional patent office or other appropriate body that hascompetent jurisdiction, such holding, finding or decision being final and unappealable orunappealed within the time allowed for appeal, or ( b ) a claim of a pending Patent Rightsapplication that was filed and is being prosecuted in good faith and has not been abandoned orfinally disallowed without the possibility of appeal of the application ; provided that suchprosecution has not been ongoing for more than seven ( 7 ) years from its earliest priority date andprovided further that if, thereafter, a patent containing such claim issues, then such claim willthereafter be considered a Valid Claim in accordance with subclause ( a ) above