definiens: means ( a ) a claim of any iss ued and unexpired patent whose validity, enforceability, or patentability has not been affec ted by any of the following : ( i ) irretrievable laps e, abandonment, revocation, dedication to the public, or disclaimer ; or ( ii ) a holding, finding, or decision of invali dity, unenforceability, or non - patentability by a court, national or regional patent office, or other applic able Government Authority that has competent jurisdiction, such hol ding, finding, or decision being final and unappeal able or unappealed within the time allowed for appeal ; or ( b ) a claim of a patent application that is filed in good faith and has not been ( i ) cancelled, withdrawn, abandoned or finally disallowed, without the possibility of app eal or refiling, or ( ii ) pending for more than seven ( 7 ) years from its earliest priority date, as of the relevant time