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An Indefinite Article "A" Or "An" Means "One Or More"

Client Alert | 1 min read | 01.17.08

In Baldwin Graphic Systems v. Siebert (No. 07-1262, January 15, 2008), a Federal Circuit panel reaffirms that an indefinite article “a” or “an” carries the meaning of “one or more” in open-ended claims containing the transitional phrase “comprising.” At issue is a district court’s claim construction that the term “a pre-soaked fabric roll” means “a single pre-soaked fabric roll.” In reversing the district court, the Federal Circuit concludes “[t]hat ‘a’ or ‘an’ can mean ‘one or more’ is best described as a rule, rather than merely as a presumption or even a convention.” The exceptions to this rule are extremely limited; a patentee must evince a clear intent to limit ”a” or “an” to “one”.

The panel also notes that “[a]n exception to the general rule that ‘a’ or ‘an’ means more than one only arises where the language of the claims themselves, the specification, or the prosecution history necessitate a departure from the rule.” The subsequent use of the definite articles “the” or “said” in a claim to refer back to the same claim term is not deemed to change the general plural rule, but simply reinvokes that non-singular meaning.

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Client Alert | 4 min read | 12.30.25

Are All Baby Products Related? TTAB Says “No”

The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation....