definiens: : means : ( i ) a claim of an issued and unexpired patent in the Product Patents that has not been ( A ) held permanently revoked, une nforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, ( B ) rendered unenforceable through disclaim er or otherwise, ( C ) abandoned or ( D ) permanently lost th rough an interference or opposition proceeding without any right of appea l or review ; or ( ii ) a claim of a pending patent application in the Produc t Patents that ( A ) has been asserted and continues to be prosecuted in goo d faith and ( B ) has not been abandoned or finally rejected without the poss ibility of appeal or refiling, and ( C ) has not been pending longer than [ * * * * ] years from the date of issuan ce of the first substantive patent office action co nsidering patentability of such claim by the relevant patent office in the country or territory in which such claim is pending