definiens: means ( i ) a composition of matter or method of use claim of any issued andunexpired Patent whose validity, enforceability or patentability has not been affected by ( a ) irretrievable lapse, abandonment, revocation, dedication to the public or disclaimer or ( b ) a holding, finding or decision of invalidity, unenforceability or non - patentability by a court, governmental agency, national or regional patent office or otherappropriate body that has competent jurisdiction, such holding, finding or decision being final and unappealable orunappealed within the time allowed for appeal or ( ii ) a composition of matter or method of use claim of a pendingPatent application that was filed and is being prosecuted in good faith and has not been abandoned or finallydisallowed without the possibility of appeal or re - filing of the application ; provided that such prosecution has not beenongoing for more than [ * * * ]