definiens: shall mean ( A ) a claim of an issued and unexpired patent which has not been permanentlyrevoked or declared unenforceable or invalid by an unreversed and unappealable or unreversed and unappealed decision of a court or othergovernmental agency or authority of competent jurisdiction and that is not admitted to be invalid or unenforceable through reissue, disclaimeror otherwise ( i.e., only to the extent the subject matter is disclaimed or is sought to be deleted or amended through reissue ), or ( B ) a claim of apending patent application, which claim has not been irretrievably revoked, cancelled, withdrawn or abandoned, or finally disallowed withoutthe possibility of appeal or refiling of such application ( or which is not appealed or refilled within the time allowed for appeal ) ; provided, however, that unless and until a pending patent issues, will exclude any such pending claim in an application that has not beengranted within five ( 5 ) years following the filing date for such application