definiens: means a claim of : ( a ) an issued and unexpired patent, which claim has not been withdrawn, cancelled, abandoned, disclaimed, revoked or heldunenforceable or invalid by an unappealable decision of a court or other governmentalagency of competent jurisdiction, or has not been appealed within the time allowed forappeal, or by an appealed decision of a court or other governmental agency of competentjurisdiction where the appeal has been pending for more than [ * * * ] years ( unless and untilsuch decision is subsequently overturned on appeal ) and which has not beenabandoned, disclaimed, denied or admitted to be invalid or unenforceable throughreissue, re - examination or disclaimer or otherwise ; or ( b ) a patent application that hasbeen pending less than [ * * * ] years from the date of filing of the earliest patent applicationfrom which such patent application claims priority, which claim has not been cancelled, withdrawn or abandoned or finally rejected by an administrative agency action from whichno appeal can be taken