definiens: means ( a ) a claim of any issued and unexpired Pat ent whose validity, enforceability or patentability has not been affect ed by ( i ) irretrievable lapse, abandonment, revocat ion, dedication to the public or disclaimer or ( ii ) a ho lding, finding or decision of invalidity, unenforce ability or non - patentability by a court, governmental agency, nati onal or regional patent office or other appropriate body that has competent jurisdiction, such holding, finding o r decision being final and unappealable or unappeal ed within the time allowed for appeal, or ( b ) a claim of a pe nding Patent application that was filed and is bein g prosecuted in good faith and has not been intentionally abando ned without the possibility of reinstatement and th at has been pending for less than seven ( 7 ) years from the fili ng date from which such claim takes priority . If a claim of a patent application that ceased to be a Valid Claim under clause ( b ) of the preceding sentence because of the passage of time later issues as a part of a patent within clause ( a ) of the preceding sentence, then i t shall again be considered a Valid Claim effective as of the issuan ce of such patent