Appeal No. 96-2897
Application 08/050,315
the claims include within their scope . . . .” In re Geerdes,
491 F.2d 1260, 1262, 180 USPQ 789, 791 (CCPA 1974).
On remand, before the examiner decides anew exactly what
subject matter is being claimed, we direct the examiner’s
attention to page 6, line 19, to page 7, line 21, of the
specification. More specifically, the examiner should compare
the appellants’ teachings at page 6, line 19, to page 7, line
1, and page 7, lines 2-21, to Devissaguet’s Examples 2, 4, 5,
6,
and 7 at columns 5-7 and Devissaguet’s teachings at column 3,
lines 19-33. For example, appellants’ specification teaches
that (1) simple triglycerides, triglycerides modified by
oxyethylenation, volatile silicone oils and mineral oils are
“nonactive carrier oils” (Spec., p. 7, l. 2-5), and (2) “[t]he
active ingredient is preferably an oleophilic active
ingredient which dissolves in oil” (Spec., p. 7, l. 6-7).
However, the specification also teaches (Spec., p. 7, l. 10-
21):
It is possible, according to the invention, to
introduce into the oily phase at least one nonoily active
ingredient in a carrier oil and/or in an active oil.
This active ingredient, irrespective of its presentation,
may be a humectant such as hyaluronic acid, orotic acid
or a lipoprotein, an anti-acne agent, a lipid regulator
such as an extract of Centella asiatica or gamma-
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