definiens: means either : ( a ) a claim of a pending Patent app lication that has not been pending for more than [ * * * ] years after the relevant application date for said application, which claim was filed and is bei ng prosecuted in good faith and has not been abandoned or finally di sallowed without the possibility of appeal or re - fi ling of the application, provided always that, in the event tha t a claim of a pending patent ceases to be a Valid Claim as a consequence of the expiry of the time period under this part ( a ) but such claim is subsequently grante d, it shall be deemed to be a Valid Claim from such date pursuant to part ( b ) of this definition ; or ( b ) a claim of a ny issued and unexpired Patent for which the validity, enforceabi lity, or patentability has not been affected by any of the following : ( x ) irretrievable lapse, cancellation, a bandonment, revocation, dedication to the public, o r disclaimer ; or ( y ) a holding, finding, or decision of invalidity, unenforceability, or non - patentability by a court, governmental agency, national or regional patent office, or othe r appropriate body that has competent jurisdiction, such holding, finding, or decision being final and unappealable o r unappealed within the time allowed for appeal