definiens: means ( a ) any claim of a pending patent application which has beenpending for a period of less than five ( 5 ) years from the date of issuance of a first patent officecommunication during examination of the first application related thereto, and shall not have been earliercancelled, withdrawn or abandoned on a country - by - country basis, or ( b ) an issued unexpired patent that(i ) has not been finally cancelled, withdrawn, abandoned or rejected by any administration agency or otherbody of competent jurisdiction, ( ii ) has not been permanently revoked, held invalid, or declared unpatentableor unenforceable in a decision of a court or other body of competent jurisdiction that is unappealable orunappealed within the time allowed for appeal, ( iii ) has not been rendered unenforceable through disclaimeror otherwise, and ( iv ) is not lost through an interference proceeding