Ex parte MCCARTY - Page 2




              Appeal No. 1997-2830                                                                                           
              Application 08/440,362                                                                                         









                      Claim 1 is illustrative of the claims on appeal and reads                                              

              as follows:                                                                                                    

                      1. A method for reducing hyperglycemia and stabilizing                                                 
              the level of serum glucose in humans comprising administering                                                  
              between about 1,000 and 10,000 micrograms per day of chromium                                                  
              as synthetic chromic tripicolinate to a human in need thereof.                                                 


                      The prior art reference relied upon by the examiner is:                                                



                      Boynton et al. (Boynton)            5,087,623             Feb. 11, 1992                                
                                                         OPINION                                                             
                      In reaching our decision in this appeal, we have given careful consideration to the                    

              appellant’s specification and claims, to the applied prior art reference, and to the                           
              respective positions articulated by the appellant and the examiner.                                            
                      Rather than reiterate the conflicting viewpoints advanced by the examiner and the                      
              appellant regarding the above-noted rejection, we make reference to the examiner's                             
              Answer (Paper No. 11, August 12, 1996) for the examiner's complete reasoning in support                        


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