definiens: means a claim of ( a ) an issued and unexpired patent which has not lapsed or been revoked, abandoned or held unenforceable or invalid by a final decision of a court or governmental or supra - governmental agency ofcompetent jurisdiction, unappealable or 12unappealed within the time allowed for appeal, and which has not been disclaimed, denied or admitted to be invalid orunenforceable through reissue, reexamination or disclaimer or otherwise, or ( b)(i ) any pending bona fide and non - frivolous application submitted in good faith, or ( ii ) any pending application having a common priority date with apatent described in ( a ) above that has issued in any other country, in each such case of ( i ) and ( ii ), which claim has notbeen finally abandoned or denied or been held unpatentable by a final decision of a court or governmental or supra - governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal ( each of(i ) or ( ii ) above, a ) . For purposes of this clause, any such Pending Claim as described above that hasbeen pending for more than [ * * * ]