definiens: means ( a ) a claim of an issued and unexpired patent that has not been revoked or heldunenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdictionthat is not appealable or has not been appealed within the time allowed for appeal, and that has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer orotherwise, or ( b ) a claim of a pending patent application that has not been ( i ) cancelled, withdrawn or abandoned orfinally rejected by an administrative agency action from which no appeal can be taken, or ( ii ) pending for more than [ * * * ] such claim was first presented or is the result of amending another claim pending for more than [ * * * ] ( either in thesame application or in another application in the same jurisdiction ) so as to add or delete an obvious limitation, so asto make a trivial or non - substantive change, or so as to change a matter of form