Appeal No. 96-2897
Application 08/050,315
orizanol,
anti-aging agent such as vitamin A palmitate, a colorant,
a pigment, an emollient such as an isopropyl ester, a
keratolytic agent such as retinoic acid or 5-n-octanoyl-
salicylic acid.
Thus, when the specification teaches that “[t]he oily phase
encapsulated in the nanocapsules may contain an active oil . .
.” (Spec., p. 6, l. 19-20) such as “an agent for screening out
UV-A and/or UV-B, . . . and/or a bactericidal and/or
fungicidal essential oil such as thyme oil, [and/or] an oil
with humectant activity . . .” (Spec., p. 6, l. 21-27), the
examiner should ask whether persons having ordinary skill in
the art reasonably would have interpreted the term “active
oil” of Claim 36 in light of the teaching in appellants’
specification as including
(1) active ingredients such as a colorant, a pigment, an
emollient, a keratolytic agent, etc., in a nonactive carrier
mineral oil (compare Devissaguet, col. 3, l. 24-33);
(2) vegetable oils or lipids such as olive and peanut oil
(compare Devissaguet, col. 3, l. 19-20 and 21, and col. 7,
Example 6); (3) mineral oils (compare Devissaguet, col. 3,
l. 20); (4) glycerides of fatty acids (compare Devissaguet,
col. 3, l. 21-22); (5) lipophilic medicinal agents such as
the analgesic, anti-inflammatory agent indomethacin (compare
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