Appeal No. 2004-1043
Application No. 09/960,907
and TiB2 plate cathodes . . . promises a 20-fold decrease in
cell volume compared to conventional [Hall-Heroult] cells"
(see p. 355, Abstract). Furthermore, one skilled in the
art would have been motivated to modify the experimental,
scaled-down cell of Beck to use a plurality of, anodes and
cathodes because the use of a plurality of anodes and
cathodes increases the available surface area, which
provides a greater area on which the reaction can take
place and increases the production of aluminum.
Regarding claims 1 and 10, Weaver discloses the steps
of periodically reducing the current flow to the cell and
applying heat to the cell during the reduced periods of
current flow to prevent the freezing of the electrolyte
(see US ‘340, p. 3, col. 2, lines fit 74). Therefore,
Weaver provides teachings and suggestions for operating the
cell intermittently and applying heat to maintain the
electrolyte in a molten condition.
Regarding the general placement of the heat in claim
claims 1 and 10 and the specific use of an air sweep in
claims 18 and 27, Weaver suggests the heating of a cell to
prevent the electrolyte from freezing, and the additional
secondary references suggests motivation for the placement
of an air sweep in relation to the cell.
C. The Berclaz Reference (XII. C, pages 23-26)
i. The use of the air sweep (XII. C, pages 23-25)
Appellant states, "Berclaz is concerned with a
different cell than that of Applicant" (page 23 of
Appellant’s Brief, beginning in the last paragraph. In
support, Appellant cites a passage of the Berclaz reference
including the phrases "to adjust the temperature of the
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