definiens: means : ( a ) a claim of an issued and unexpired pat ent within the Patent Rights that has not been ( i ) held permanently revoked, unenforceabl e, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappe alable or unappealed within the time allowed for ap peal, ( ii ) rendered unenforceable through disclaimer or o therwise, ( iii ) abandoned or ( iv ) permanently lost through an interference or opposition proceeding without any r ight of appeal or review ; or ( b ) a pending claim of a pending patent application within the Patent Rights that ( i ) has been asserted and continues to be prosecuted in good faith, ( ii ) has not been abandoned or finally rejected wit hout the possibility of appeal or refiling and ( iii ) has not been pending for more than [ * * * ] years from the date of the first substantive office action from the releva nt patent office for the applicable patent family