definiens: means a claim ( a ) of any issued, unexpired patent which has not been revoked or heldunenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction from which no appeal canbe taken, or with respect to which an appeal is not taken within the time allowed for appeal, and which has not beendisclaimed, denied or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( b ) of any patentapplication which shall not have been pending on or after the * * * * * ( * * * * * th ) anniversary of the date of issuance of a firstPatent Office communication during examination of the first application related thereto, and shall not have been earliercancelled, withdrawn or abandoned, and, on a country - by - country basis, which is enforceable on the operative date of inquiryby virtue of applicable Law in such country