definiens: means a claim of ( a ) an issued and unexpired patent in Institutions Patent Rights which claim has not been revoked or held unenforceable or invalid by a decision of a co urt of governmental agency of competent jurisdiction from which no further appeal can be taken or has been taken within the time allowed for appeal, and has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue o r disclaimer ; or ( b ) a pending patent application that ( i ) is included in Institutions Patent Rights which was filed and is being prosecuted in good faith, ( ii ) has not been pending for more than [ * * * ] from the first substantive office action with respect to such pending claim and has not been abandoned or finally rejected without the possibility of appeal or refiling or without such appeal having been taken or refiling having been made within the applicable time periods ; provided that a claim of any pendin g patent application that is deemed not to be a Valid Claim as a result of the limitation in clause ( ii ) shall thereafter be considered a Valid Claim if such claim subsequently issues in an issued patent, or ( iii ) has not been abandoned or finally disallow ed without the possibility of appeal or refiling of the application . For clarity, includes filing a continuing or divisional application claiming the same subject matter