Ex Parte Beck - Page 22


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

              Specifically, claims 1 and 10 recite the following                    
              limitation:                                                           
                   (e) maintaining said electrolyte and                             
                   aluminum in said cell in a molten                                
                   condition during said extended periods of                        
                   reduced current flow by application of                           
                   heat to said bottom for purposes of                              
                   heating said cell. (Claim 1, lines 16-18;                        
                   claim 10, lines 20-22).                                          
                   Claims 1 and 10 do not recite an air sweep (or any               
              other specific heating means) or recite any structural                
              limitations regarding the placement of a heating means.               
              Claims 1 and 14 only limit the heating means to applying              
              heat to the bottom of the cell liner.  As seen in Figure 2            
              of the Weaver reference the heating means is centrally                
              located within the cell.  Due to mechanisms of heat                   
              transfer, the heating means would transfer heat radially              
              outward from the heating means, thus heating all portions             
              of the electrolytic cell, including the bottom of the cell.           
              This is affirmed by Weaver’s disclosure that the heating              
              means is used to prevent the electrolyte from freezing; the           
              majority of the electrolyte is located below the heating              
              mans, implying that heat is transferred in a downward                 
              direction towards the bottom of the cell.  Additionally,              
              the Examiner deems claims 1 and 10, as well as 18 and 27,             
              obvious in view of the other secondary references, which              
              expressly teach advantages to providing an air sweep at the           
              bottom, outer surface of the cell liner.                              

                   ii. The Weaver reference teaches a different method              
              of agitation (XJI.B, pages 21-22)                                     



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