definiens: means : ( a ) a claim in an issued Patent Right that has not : ( i ) expired, lapsed, or been canceled or revoked ; ( ii ) been declared invalid or unenforceable by anunreversed and unappealable or unappealed decision of a court or other appropriatebody of competent jurisdiction ; ( iii ) been disclaimed or admitted to be invalid orunenforceable through reissue, disclaimer or otherwise ; or ( iv ) been abandoned ordedicated to the public ; or ( b ) a claim in a patent application for which there is a goodfaith argument for patentability and that has been pending for [ * * * ], and that has notlapsed, in the case of a provisional patent application, or been cancelled, withdrawn, abandoned ( without the possibility of refiling ) or finally rejected by the applicableGovernmental Authority or court ( and from which no appeal is or can be taken ), in whichcase it will cease to be considered a Valid Claim until the patent issues and recites suchclaim ( at which point it will be considered a Valid Claim )