definiens: means : ( a ) a claim of an issued and unexpired patent ( as may be extended throughsupplementary protection certificate or patent term extension or the like ) that has not been revoked, held invalid orunenforceable by a patent office, court or other governmental agency of competent jurisdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within the allowable time period ) and which claimhas not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination ordisclaimer or otherwise ; or ( b ) a pending claim of an unissued patent application, which application has not beenpending for more than seven ( 7 ) years since its earliest claimed priority date, provided that such seven ( 7)-year periodshall be tolled for the duration of any proceeding ( e.g., an opposition or interference proceeding ) with respect to suchpatent application