or acquire possession of the goods is not a "security interest," but a seller or lessor may also acquire a "security interest" by complying with Article 9-A.__The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (section 2-401) is limited in effect to a reservation of a "security interest."

Official Comment

9. "Buyer in Ordinary Course of Business." From Section 1, Uniform Trust Receipts Act. The definition has been expanded to make clear the type of person protected. Its major significance lies in Section 2-403 and in the Article on Secured Transactions (Article 9 [Maine cite Article 9-A]).

The reference to minerals and the like makes clear that a buyer in ordinary course buying minerals under the circumstances described takes free of a prior mortgage created by the sellers. See Comment to Section 9103.

A pawnbroker cannot be a buyer in ordinary course of business because the person from whom he buys goods (or acquires ownership after foreclosing an initial pledge) is typically an ordinary user and not a person engaged in selling goods of that kind.

The first sentence of paragraph (9) makes clear that a buyer from a pawnbroker cannot be a buyer in ordinary course of business.__The second sentence tracks Section 6-102(1)(m).__It explains what it means to buy "in the ordinary course."__The penultimate sentence prevents a buyer that does not have the right to possession as against the seller from being a buyer in ordinary course of business.__Concerning when a buyer obtains possessory rights, see Sections 2-502 and 2-716.__However, the penultimate sentence is not intended to affect a buyer's status as a buyer in ordinary course of business in cases (such as a