definiens: means ( i ) a claim in an issued and unexpired patent included in the PATENT RIGHTS that has not beendisclaimed, abandoned or withdrawn and has not been held unenforceable or invalid by a final judgment of a court or othergovernmental agency of competent jurisdiction from which no appeal can be or is taken, and has not been admitted to be invalidor unenforceable through reissue or disclaimer or otherwise, or ( ii ) a claim in a pending patent application included within thePATENT RIGHTS that has been filed in good faith and has not been abandoned or finally disallowed without the possibility ofappeal or refiling, which application has not been pending for more than [ * * * ] ( [ * * * ] ) years after its priority date, provided that forclarity, any claim of a pending patent application that is pending for more than [ * * * ] ( [ * * * ] ) years after its priority date shall beeligible to become a VALID CLAIM if it later issues and otherwise falls within subsection ( i )