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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 | 2 min read | 02.07.25

Federal Government Appeals Order Blocking Enforcement of the CTA’s Beneficial Ownership Information Rule and Seeks Stay Pending Appeal, but Fate of CTA Remains Unclear

As we have previously reported, enforcement of the Corporate Transparency Act’s (the CTA) Beneficial Ownership Information Reporting rule (the BOI Rule) remains blocked nationwide as the result of an order from the U.S. District Court for the Eastern District of Texas in Smith v. U.S. Dep’t of the Treasury. On January 7, 2025, the Smith court granted a motion for preliminary injunction enjoining enforcement of the CTA against the named plaintiffs and their related entities, while also issuing a nationwide stay of the effective date of the BOI Rule. This occurred before the Supreme Court stayed a separate nationwide injunction of the CTA and stay of the BOI Rule in Texas Top Cop Shop v. McHenry....