definiens: means : ( a ) a claim of any issued and unexpired pa tent that ( i ) has not been dedicated to the public, disclaimed, revoked or held unenforceab le or invalid by a decision of a Governmental Autho rity of competent jurisdiction from which no appeal can be taken, or a decision of a Governmental Authority of competent jurisdiction that can be appealed, but wi th respect to which an appeal has not taken within the time allowed for appeal, and ( ii ) has not been disclaime d or admitted to be invalid or unenforceable throug h reissue, disclaimer or otherwise ; or ( b ) a claim of any pend ing patent application that ( i ) has not been cancel led, withdrawn or abandoned, without being re - filed in a nother application in the applicable jurisdiction, ( ii ) has not been finally rejected by an administrative agency o r other governmental action from which no appeal ca n be taken and ( iii ) has not been pending or filed more than [ * ] from the earliest possible priority date for such patent application ; provided that if such claim is later issued, it shall from the issuance date forward be deemed to be a Valid Claim