definiens: means a claim that ( a ) in the case of any unexpired patent, such claim shall not have been dedicated to the public, disclaimed, nor held invalid or unenforceable by a court or government agency of competent jurisdiction in an unappealed or unappealable decision, or ( b ) in the case of any patent application, such claim ( i ) shall not have been cancelled, withdrawn or abandoned, without being refiled in another application . in the applicable jurisdiction, ( ii ) shall not have been finally rejected by an administrative agency or other governmental action from which no appeal can be taken, and ( iii ) shall not have been pending [ ( including in any predecessor patent application ) ] for more than [ seven ( 7 ) years ] from its filing [ * ] date . If a claim of a patent application that ceased to be a Valid Claim under ( b ) due to the passage of time later issues as part of a patent described within ( a ) then it shall again be considered to be a Valid Claim effective as of the issuance of such patent