definiens: means ( a ) a claim of any issued and unexpired Patent whose validity, enforceability or patentability has not been affected by any of the following : ( i ) irretrievable lapse, abandonment, revocation, cancellation, 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 competent jurisdiction, such holding, finding or decision being final and unappealable or unappealed within the time allowed for appeal ; or ( b ) a claim of a pending patent application that is filed and being pros ecuted in good faith, provided that if such claim does not issue as a valid and enforceable claim within [ † ] from its earliest priority date, such claim shall cease to be a Valid Claim unless and until it is actually issued . For clarity, a holding, finding or decision that is final and unappealable or unappealed means a holding, finding or decision from which no appeal ( other than a petition to the United States Supreme Court for a writ of certiorari or a similar appeal the consideration of which is subject to the discretion of the higher court ) can be or has been taken