Inspired by Secure Web Conference Corp. v. Microsoft, __ Fed App’x __ (Fed. Cir. 2016)(Stoll, J.), the captioned paper explores the history of patent claiming and the prior role of the “essence” of the invention and the transition to a claims-based determination of the scope of protection.
Claims Trump the “Essence” of the Invention: There is no place in determination of the scope of protection to disregard the limits of the claim wording in deference to the “essence” of the invention.