definiens: means, with respect to a particular country, ( a ) any claim of an issued and unexpired Patent in such country that ( i ) has not been held p ermanently revoked, unenforceable or invalid by a d ecision of a court or governmental agency of competent jurisdi ction, which decision is unappealable or unappealed within the time allowed for appeal and ( ii ) has not been a bandoned, disclaimed, denied or admitted to be inva lid or unenforceable through reissue or disclaimer or othe rwise in such country, or ( b ) a claim of a pending Patent application that has been pending for less than [ * * * ] from the first substantive examination of such P atent application in the country of such Patent applicati on, which claim is being diligently prosecuted and has not been abandoned or finally disallowed without the possibi lity of appeal or re - filing of the application