definiens: means a claim ( including a process, use, or composition ofmatter claim ) of ( a ) an issued and unexpired patent that has not ( i ) irretrievably lapsed or beenabandoned, revoked, dedicated to the public or disclaimed or ( ii ) been held invalid, unenforceableor not patentable by a court, governmental agency, national or regional patent office or otherappropriate body that has competent jurisdiction, which holding, finding or decision is final andunappealable or unappealed within the time allowed for appeal or ( b ) a pending patentapplication, which claim has not been abandoned or finally disallowed without the possibility ofappeal ; provided, that, if a pending patent application has been pending for longer than sevenyears from the date of filing of the initial priority application, then such corresponding claim in suchpending patent application will not be deemed to be a Valid Claim