Ex Parte Beck - Page 13


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

              Beck ("A NON-CONSUMABLE METAL ANODE FOR PRODUCTION OF                 
              ALUMINUM WITH LOW-TEMPERATURE FLUORIDE MELTS,"                        
              Light Metals 1995, pp. 355-360) in view of Weaver                     
              (U.S. Pat. No. 2,062,340) and in view of Berclaz                      
              (WO 98/53120), as applied above to claims 1-3,                        
              6-12, 15-20, 23-29 and 32-34, and further in view                     
              of Beck et al. (U.S. Pat. No. 4,865,701).                             
                   Beck, Weaver and Berclaz describe a method having the            
              limitations recited in claims 1-3, 6-12, 15-20, 23-29 and             
              32-34, of the instant invention, as described above in                
              section I.                                                            
                   The method described by Beck, Weaver and Berclaz                 
              teaches the electrolytic formation of aluminum from                   
              alumina, differs from the instant invention because they do           
              not teach the use of 0.2 to 30 wt.% undissolved alumina               
              particles, as recited in claims 4, 13, 21 and 30, and the             
              undissolved alumina particles have a particle size in the             
              range of 1 to 100 µm, as recited in claims 5, 14, 22, 31              
              and 39.                                                               
                   Regarding claims 4, 13, 21 and 30, Beck et al.                   
              disclose the use of excess alumina at a concentration                 
              within the claimed range of 0.2 to 30 wt.% undissolved                
              alumina particles (col. 6, lines 1-12).                               
                   Regarding claims 5, 14, 22, 31 and 39, Beck et al.               
              disclose the use of alumina particles having a diameter up            
              to 100 µm (col. 5, lines 1-8).                                        
                   Beck et al. disclose the use of alumina particles in             
              the slurry having a concentration of alumina particles                
              within the range claimed in claim 38 of the instant                   
              application (col. 6, lines 1-12).  Beck et al. also                   
              disclose the use of alumina particles having a size of 100            

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