Ex parte NODA et al. - Page 4




          Appeal No. 1996-2758                                                        
          Application No. 08/103,792                                                  


               We have carefully reviewed the specification, claims and               
          applied prior art, including all of the arguments advanced by               
          the examiner and appellants in support of their respective                  
          positions.  This review leads us to conclude that only the                  
          examiner’s § 103 rejection of claims 1 through 5, 8, 14, 16,                
          20 through 24, 27 and 33 is well founded.  Accordingly, we                  
          will sustain the examiner’s  § 103 rejection of claims 1                    
          through 5, 8, 14, 16, 20 through 24, 27 and 33, but will not                
          sustain the examiner’s § 103 rejection of claims 34 and 35.                 
          Our reasons for this determination follow.                                  
               The claimed subject matter is directed to a non-aqueous                
          electrolyte and its use in the electrodeposition of aluminum.               
          See claims 1 and 20.  The electrolyte comprises an aluminum                 
          halide and a quaternary ammonium halide in a non-aqueous                    
          solvent.  The claimed molar ratio of a quaternary ammonium                  
          halide to an aluminum halide is not larger than 1:1.                        
          According to pages 9 and 10 of the specification, the                       
          dissolution of a quaternary ammonium halide and an aluminum                 
          halide in a non-aqueous solvent is affected by their molar                  
          ratio.  Any non-aqueous solvent for dissolution of both the                 
          quaternary ammonium halide and the aluminum halide ordinarily               
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