definiens: means a claim of : ( a ) an issued and unexpired paten t, which claim has not lapsed or been dedicated to the public, withdrawn, cancelled, aban doned, disclaimed, revoked or held unpatentable, unenforceable or invalid by an unappealable decision of a court or other governmental agency of competent jurisdiction, or has not been appealed wi thin the time allowed for appeal, or by an appealed decision of a court or other governmental agency of competent jurisdiction where the appeal has been pending for more than two ( 2 ) years ( unless and unt il such decision is subsequently overturned on appe al ) and which has not been abandoned, disclaimed, denie d or admitted to be invalid or unenforceable throug h reissue, re - examination or disclaimer or other wise or ( b ) a patent application that has been pend ing less than [ * * ] from the date of filing of the earliest p atent application from which such patent applicatio n claims priority, which claim has not been cancelled, withdrawn or abandoned or finally rejec ted by an administrative agency action from which no appeal c an be taken