definiens: means a claim ( a ) of a pending patent application w ithin the Patent Rights that has not been pending for more than [ * * * ] years from the fir st office action on the merits ( i.e., other than a restriction requirement ) in the relevant patent family, and has not been abandoned or finally rejected 5 WU [ * * * ] without the possibility of appeal or refiling or wi thout such appeal having been taken or refiling hav ing been made within the applicable time period specified fo r appeal, or ( b ) of an issued and unexpired patent within the Patent Rights that has not been ( i ) held invalid, p ermanently revoked, unpatentable or unenforceable b y a court or other governmental agency of competent jurisdict ion in a decision or order that is not subject to a ppeal or has not been appealed within the applicable time period specified for appeal, ( ii ) canceled, disclaimed or rendered unenforceable through disclaimer or otherwise, or ( iii ) abandoned