definiens: shall mean : ( a ) any claim within an issued and unexpired Patent that ( i ) is not expired, lapsed, or abandoned, ( ii ) isnot dedicated to the public, disclaimed, or admitted to be unenforceable or invalid ; and ( iii ) has not been invalidated, heldunenforceable or cancelled by a court or administrative agency of competent jurisdiction in an order or decision from whichno appeal has been or can be taken, including through opposition, re - examination, reissue, disclaimer or otherwise ; and ( b ) any claim within a patent application that ( i ) is deemed patentable upon examination of a nationalor regional patent office and is not abandoned or lapsed ; ( ii ) is not dedicated to the public, disclaimed, or admitted to beunenforceable or invalid ; and ( iii ) has not been cancelled by an administrative agency of competent jurisdiction in an order ordecision from which no appeal has been or can be taken, including through opposition, interference, re - examination, reissue, disclaimer or otherwise