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ARTICLE · 07 JUNE 2023

"A" Question: To Mean Only One, Or One Or More?

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Choice of words can have a significant impact on conveying meaning. Patent drafting is no different. For example, the smallest word such as "a" can significantly change the scope...

United StatesIntellectual Property

Choice of words can have a significant impact on conveying meaning. Patent drafting is no different. For example, the smallest word such as "a" can significantly change the scope of a construed claim. Patent practitioners must continue to ask, what do I mean by "a."

In a recent case Salazar v. AT&T Mobility LLC, 64 F.4th 1311 (Fed. Cir. 2023), the Federal Circuit discussed the meaning of "a" in the context of open-ended claims with the transitional phrase "comprising." In Salazar, the claim phrases at issue read:

1. A communications, command, control and sensing system for communicating with a plurality of external devices comprising:

a microprocessor for generating a plurality of control signals used to operate said system, said microprocessor creating a plurality of reprogrammable communication protocols ...

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