definiens: means ( a ) a claim of an issued and unexpired pate nt ( as may be extended through supplementary protection certificate or patent term extension or the like ) that ( i ) has not been revok ed or held unenforceable, unpatentable or invalid by a decisio n of a court or other governmental agency of compet ent jurisdiction that is not appealable or has not been appealed within the time allowed for appeal, and ( ii ) has not been abandoned, disclaimed, denied or admitted to be inv alid or unenforceable through reissue, re - examinati on or disclaimer or otherwise, or ( b ) a claim of a pendin g patent application that has been pending less tha n [ * ] from the earliest date on which such patent application clai ms priority and which claim was filed and is being prosecuted in good faith and has not been cancelled, withdrawn or abandoned or finally rejected by an administrat i ve agency action from which no appeal can be taken