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I original had "further comprises turbine blades" in the specifications and claims now moving into an independent claim, is it ok to have "a turbine blades" or "a turbine blade(s)", there is more then one turbine blade, or how else can this be done without amendment to the specifications?

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  • Not clear to me what you are trying to achieve. Was "further comprises turbine blades" amended out of an earlier version of the spec? Might or might not be relevant. – George White Dec 16 '20 at 6:28
  • No, the spec always had "comprises turbine blades", I just need to know how it should be presented in an independent claim as "a turbine blades" with "a" and the plural "s"? I know if would have been better to have a turbine blade set or pair, etc. in the spec, but now I don't want to amend the spec. – Helmuth Bachmann Dec 16 '20 at 18:04
  • "A turbine blades" is bad grammar as "a" is singular and blades is plural. So long as you are intending the number of blades to be 2 or more than just "turbine blades" should be fine. If you mean to include a single blade, you might say "one or more turbine blades". I'm not a lawyer so this isn't legal advice. – Eric S Dec 16 '20 at 18:07
  • It would be more the one "turbine blade" in this case. I'm not sure I can have "turbine blades" without the "a" in front for the proper introduction of a term in a claim? – Helmuth Bachmann Dec 16 '20 at 19:15
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    Another point is, when number of blades is not specific, it is prudent to construct independent claim with 'at least one turbine blade' or ' one or more turbine blades'. – AD Adhikary Dec 20 '20 at 1:26
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It seems you are worried about what is called 'antecedent' problem in claim construction. For which, you are inclined to use 'a + 'turbine blades'. When an element is mentioned first time in claim construction - 'said + element (turbine blades)' or 'the + elememt (turbine blades)', should not be used to avoid objection by examiner based on 'lack of antecedent'.

It would be fine if you just mention 'turbine blades'' in independent claim when mentioned first time and not grammatically incorrect 'a turbine blades'. For subsequent mentions about 'turbine blades', you should use 'the' or 'said' prefixed to 'turbine blades'.

Another point is, when number of blades is not specific, it is prudent to construct independent claim with 'at least one turbine blade' or ' one or more turbine blades'. Such phrase would give better protection against infringement.

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  • Agree. But “a turbine blades” isn’t wrong per say. Best is “one or more turbine blades” and “at least one of the one or more turbine blades” etc. – user7875084 Dec 26 '20 at 4:27
  • It was assumed that the expression referred would be part of a patent claim and not a 'per se' quote. What was said was merely a suggestion. Unless one knows the whole context, it is impossible to suggest any most suitable expression and here at the instant case, context provided was less than bare minimum. It might be so that the instant invention and the specification thereto may demand something else than suggestion put forward by any of us. – AD Adhikary Dec 26 '20 at 12:17

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