definiens: means ( a ) a pending patent claim included within a pending patent application that has not ( i ) expired, been withdraw n from consideration or been finally abandoned or r ejected, or ( ii ) been pending for more than seven ( 7 ) years aft er the effective date of filing of the patent appli cation in which such pending patent claim is included ; and ( b ) an i ssued and unexpired patent claim included within an issued and unexpired patent that has not been revoked, held un enforceable, unallowable, unpatentable or invalid b y a decision of a court or other governmental agency of competen t jurisdiction, to which an appeal has not or canno t be taken within the time allowed for appeal, and that has no t been disclaimed, denied, or admitted to be invali d or unenforceable through reissue, re - examination, inte r partes review, post - grant review, disclaimer, nul lity, suit or otherwise