Ex Parte Beck - Page 16


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

                   Steiger et al. disclose a method for producing                   
              aluminum, wherein the startup method includes the steps of            
              either charging the cell with molten electrolyte or                   
              charging the cell before pre-heating with solid                       
              electrolyte, which melts as the cell is heated to its                 
              operating temperature (col. 13, lines 5-13).  When solid              
              electrolyte is added, the cell is heated using heaters                
              placed on the bottom of the cell.                                     
                   It would have been obvious to one having ordinary                
              skill in the art at the time the invention was made to have           
              modified the startup method of Beck to add solid                      
              electrolyte to the cell and heating it up to melt the                 
              electrolyte as taught by Steiger et al. because Steiger et            
              al. demonstrate that the method of charging the cell with             
              molten electrolyte and melting a charge of solid                      
              electrolyte within the cell during heat-up can be used                
              equivalently.                                                         
                   Regarding claim 35, 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 heating or            
              cooling gas to the space 52 (page 26, lines 5-36; fig. 6).            
              When a gas is not passed through the space 52, the space              
              acts as a thermal insulating space (page 26, lines 25-29).            
              Further, Berclaz discloses, "during cell start up, the                
              cathode 30 can be heated by passing hot gas through space             
              52" (p. 26, lines 32-33).                                             
                   It would have been obvious to one having ordinary                
              skill in the art at the time the invention was made to have           
              modified the cell start up method used by Beck to use                 
              heating gas to heat the cell at start up as taught by                 
              Berclaz because using a heating gas positioned below the              

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