Appeal No. 2004-1043
Application No. 09/960,907
application (col. 6, lines 1-12). Beck et al. also disclose
the use of alumina particles having a size of 100 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).
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 of that size will not settle to the bottom of the
cell and provide cell protection provided by that
concentration.
(11) Response to Arguments
A. The Beck Paper (XII.A, pages 18-19)
i. The Beck paper is silent to the claimed periods of
reduced electrical current flow to the cell (XII.A, page
18) and the application of heat to the bottom of the cell
liner during periods of reduced current flow (XII.A, page
19)
Regarding claims 1-17, the Examiner acknowledges that
the primary reference of Beck does not teach the periodic
reduction of current flow to the cell and the application
of heat during the periods of reduced current flow.
However, the Examiner deems that these steps would have
been obvious to one having ordinary skill in the art at the
time the invention was made in view of the secondary
references.
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