definiens: means ( i ) a claim of an issued a nd unexpired patent that has not been revoked or he ld unenforceable or invalid by a decision of a court o r other governmental agency of competent jurisdicti on from which no appeal can be taken or with respect to whi ch an appeal is not taken within the time allowed f or appeal, and that has not been disclaimed or admitted to be invalid or unenforceable through reissue, disclaime r or otherwise or been dedicated to the public, and ( ii ) a claim in a pending patent application that is be ing prosecuted 7 and that has not been abandoned, disclaimed, allowe d to lapse or finally determined to be unallowable by the applicable governmental authority in a decision fro m which no appeal can be taken or from which no app eal is taken within the time allowed for appeal, and that has not been pending for more than [ * * ] from the ea rliest claimed priority date