Ex Parte Beck - Page 14


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

              µm or less and teach, "the smaller the alumina particles,             
              the less the tendency to settle out on the bottom of the              
              cell (col. 5, lines 1-8).  An undissolved alumina supply is           
              maintained to "provide a ready supply of undissolved                  
              alumina for further dissolution [adjacent the anode]" (col.           
              3, lines 11-22).                                                      
                   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 described by Beck, Steiger et al. and             
              Berclaz to use alumina particles having the size and                  
              concentration as taught by Beck et al. because the alumina            
              particles bf that size will not settle to the bottom of the           
              cell and provide cell protection provided by that                     
              concentration, while also providing a ready supply of                 
              alumina for dissolution.                                              

              III. Claims 35-37 and 40-43 are rejected under                        
              35 U.S.C. 103(a) as being unpatentable over Beck                      
              ("A NON-CONSUMABLE METAL ANODE FOR PRODUCTION OF                      
              ALUMINUM WITH LOW-TEMPERATURE FLUORIDE MELTS,”                        
              Light Metals 1995, pp. 355-360) in view of                            
              Steiger et al. (U.S. Pat. No. 4,181,583) and in                       
              view of Berclaz (WO 98/53120).                                        
                   Regarding claim 35, Beck discloses a method for                  
              producing aluminum comprising the following steps (see                
              entire document):                                                     
                   (a) Providing a molten salt electrolyte at a                     
              temperature less than 900°C having alumina dissolved                  
              therein in an electrolytic cell having an anodic liner,               
              wherein the liner has walls and a bottom and is                       
              substantially inert to the electrolyte;                               

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