definiens: means a claim of any issued and unexp ired patent or any claim or product definition or equivalents thereof in any patent term extension or supplementary protection certificate thereof or pe nding patent term extension or supplementary protection certific ate application thereof, included within the Patent Rights which claim or product definition or equivalents th ereof has not been invalidated by one or more of an y of the following : ( l ) irretrievable lapse, revocation or a bandonment and/or ( 2 ) holding of unenforceability o r invalidity by a decision of a court or other appropriate body of competent jurisdiction, unappealable or unappeal ed within the time allowed for appeal, and/or ( 3 ) disclaimed or declared invalid or unenforceable through reissu e or re - examination or opposition, nullity action or invali dation suit by a decision beyond review by a court or other appropriate body of competent jurisdiction