definiens: means either : ( a ) a claim of a pending Patent application, which claim was filed and is being prosecuted in good faith and has not been abandoned or finally disallowed without the possibility of appeal or re -filing of the application and such application has not been outstanding for more than [ * * * ] from its earliest priority date ; or ( b ) a claim of any issued and unexpired Patent directed to patentable subject matter for which the validity, enforceability, or patentability has not been affected by any of the following : ( x ) irretrievable lapse, abandonment, revocation, dedication to the public, or disclaimer ; or ( y ) a holding, finding, or decision of invalidity, unenforceability, or non -patentability by a court, governmental agency, national or regional pat ent office, or other appropriate body that has competent jurisdiction, such holding, finding, or decision being final and unappealable or unappealed within the time allowed for appeal