definiens: means ( a ) a claim of any issued and unexpired Patent whose validity, enforceability or patentability has notbeen aﬀected by ( 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, governmental agency, national or regional patent oﬃce or other appropriate body that has competentjurisdiction, such holding, ﬁnding or decision being ﬁnal and unappealable or unappealed within the time allowed for appeal or ( b ) a claim of a pendingPatent application that was ﬁled and is being prosecuted in good faith and has not been abandoned or ﬁnally disallowed without the possibility of appealor re - filing of the application