Ex Parte Beck - Page 11


         Appeal No. 2004-1043                                                       
         Application No. 09/960,907                                                 

                        b. A plurality of anodes and a                              
                   plurality of cathodes, as recited in claims                      
                   9,10, 26 and 27;                                                 
                        b. Removing heat from the cell through                      
                   the bottom of the liner by passing air over                      
                   the outside-surface of the bottom and                            
                   discharging the air, as recited in claims 18                     
                   and 27; and                                                      
                        c. Controlling the temperature of the                       
                   electrolyte using a controller, as recited                       
                   in claim 27.                                                     

                   Regarding claims 1 and 10, Weaver discloses a method             
              and apparatus for producing aluminum wherein the                      
              temperature is controlled to maintain a preferred bath                
              temperature and also to operate when "off peak power" can             
              be used.  Weaver uses a hollow anode, through which a                 
              cooling fluid is passed to prevent the temperature from               
              exceeding the desired temperature range (page 3, col. 2,              
              lines 53-6O).  Weaver also discloses that the electrolysis            
              can be performed "as an intermittent operation with ‘off              
              peak power’. . . [where] the anode can be heated by burning           
              combustible material there within to prevent the freezing             
              of the bath" (page 3, col. 2, lines 61-74).                           
                   It would have been obvious to one having ordinary                
              skill in the art at the time the invention was made to have           
              modified the method of Beck to operate the cell                       
              intermittently while maintaining the bath in a molten state           
              as taught by Weaver because operating the cell only during            
              "off peak power" times reduces the operating cost of the              
              operation.                                                            
                   Regarding claims 1, 10, 18 and 27, Berclaz discloses a           
              method for producing aluminum using a cell that has an air            
              space 52 to adjust the temperature of the cell by supplying           


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