Ex Parte Beck - Page 26


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

              paste requires cooling the electrolyte, which is                      
              accomplished by cooling the liner through the use of a                
              cooling gas.  Therefore, Berclaz teaches controlling the              
              temperature of the electrolyte through the use of an air              
              sweep.                                                                
                   On page 25 of Appellant's Brief, Appellant states:               
                     In Applicant's invention, heat is added or                     
                     removed through the metal bottom of the                        
                     cell. This is not disclosed in Berclaz.                        
                     (see page 25 of Appellant's Brief,                             
                     beginning in the first paragraph)                              
                   Berclaz teaches, “[I]t is possible to adjust the                 
              temperature of the cathode 30 (shell 31 and cathode mass              
              32) by supplying a heating or cooling gas to the space 52”            
              (see WO ‘120, page 26, lines 29-32). The shell (31) is a              
              metal shell that corresponds to the metal liner of                    
              Applicant’s invention (see WO ‘120, p. 24, lines 1-2).                
              Therefore, Berclaz expressly teaches adding or removing               
              heat through the metal bottom of the cell.                            

                   ii. Suggestion to combine Beck, Weaver and Berclaz               
              (XII. C, pages 25-26)                                                 
                   Appellant states, "[T]here is no suggestion to combine           
              Beck, Weaver and Berclaz, that there is no expectation of             
              success, and all the claim limitations have not been                  
              disclosed in these references" (see Appellant's Brief,                
              p. 26, second full paragraph).                                        
                   Beck teaches all of the limitations recited in claims            
              1, 10, 18 and 27 of the instant invention, except for the             
              following, a plurality of anodes (claims 1, 10, 18 and 27),           
              periodically reducing the current flow to the cell (claims            
              1 and 10), maintaining the electrolyte in a molten                    

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