definiens: means ( a ) a claim of an issued p atent that has not expired or been abandoned, or been revoked, held invalid or unenfor ceable by a patent office, court or other governmen tal agency of competent jurisdiction in a final and non -appealable judgment ( or judgment from which no app eal was taken within the allowable time period ) and that is not admitted to be invalid or unenforceable throug h reissue, disclaimer or otherwise ( i.e., only to the extent t he subject matter is disclaimed or is sought to be deleted or amended through reissue ) ; or ( b ) a claim of a pendi ng patent application that was filed in good faith and has not been ( i ) abandoned, finally rejected or expired wit hout the possibility of appeal or refiling, or ( ii ) pending for more than [ … * * * … ] years since such claim was first presented in unamended form