definiens: means either ( a ) a claim of an issued and unexpired patent or a supplementary protection certificate, which has not been held permanently revoked, unenforceable or invalid by a decision of a court, patent office or other forum of competent jurisdiction, u nappealable or unappealed within the time allowed for appeal and that is not admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ( i.e., only to the extent the subject matter is disclaimed or is sought to be deleted or amended t hrough reissue ), dedicated to the public or abandoned, or ( b ) a claim of a pending patent application being prosecuted in good faith ( i.e., it is reasonably believed that there is a bona fide chance that such pending application will be issued ) that has no t been abandoned, finally rejected or expired without the possibility of appeal or refiling, provided that shall exclude any such claim in such a pending application that has not been granted within [ * * * ] following the earliest priority filin g date for such claim ( unless and until such claim is granted )