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.
Contacts
Insights
Client Alert | 3 min read | 02.09.26
On February 3, 2026, the Belgian government submitted a draft law containing various labor-related provisions. The draft legislation aims to modernize Belgian labor law and includes significant changes to work regulations, minimum working time for part-time employees, night work restrictions, and notice period rules.
Client Alert | 1 min read | 02.09.26
Worried Three’s a Crowd? Decline Intervention at Your Own Peril
Client Alert | 4 min read | 02.05.26
EU–Brazil Mutual Adequacy: A Milestone for Global Data Flows and Latin America’s Digital Positioning
Client Alert | 4 min read | 02.04.26
DOJ Antitrust Division Issues First-Ever Award Under Whistleblower Rewards Program

