definiens: means ( a ) a claim of an issue d patent that has not expired or been dedicated to the public, abandoned, disclaimed or rendered unenforce able through disclaimer or otherwise, nor been held invalid, unpatentable or unenforceable or revoked by a paten t office, court or other governmental agency of com petent jurisdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within the allowable time period ), or ( b ) a claim within a pat ent application which application has not been pend ing for more than [ * * ] from the date of its priority filing date and which claim has not been irretrievably re voked, irretrievably cancelled, irretrievably withdrawn, h eld invalid or irretrievably abandoned by a patent office, court or other governmental agency of competent jurisdict ion in a final and non - appealable judgment ( or judg ment from which no appeal was taken within the allowable time period ), or finally determined to be unallowa ble in a decision from which an appeal can not or can no long er be taken