Appeal No. 2004-1043
Application No. 09/960,907
cathode and "the surface of the cathode mass 32 can be
cooled to make the electrolyte contacting it form a
protective paste (see WO ‘120, p. 26, lines 25-36).
The Examiner acknowledges that the arrangement of the
elements in the Berclaz reference is different from the
arrangement of the elements. However, Berclaz, Beck and
Weaver all teach methods of electrolytically producing
aluminum from alumina using anodes and cathodes to drive
the electrolytic reaction. In addition, Weaver teaches and
provides motivation for operating the electrolytic cell
intermittently and heating the electrolyte to prevent it
from freezing during periods when power is not applied (see
US `340, p. 3, col. 2, lines 64-74). The reference of
Berclaz is therefore relied upon for the teaching of heater
placement within the electrolytic cell. Berclaz teaches
that the temperature can be adjusted by applying a heating
or cooling gas to the space (52 located underneath the cell
liner (31) (see WO `120 Figure 6; p. 26; lines 25-36).
Furthermore, in regard to claims 18 and 27, the
passage in the Berclaz reference cited by Appellant
exemplifies the manner in which apparatuses of Berclaz,
Weaver and the instant invention operate. Each of the
apparatuses heats the electrolyte through an intervening
member. In both Berclaz and the instant invention, a heat
source (air sweep) generates heat that passes through the
cell liner. Specifically, Berclaz discloses, "[I]t is
possible to adjust the temperature of the cathode 30 . . .
by supplying a heating or cooling gas to the space 52 . . .
[and] the surface of the cathode mass 32 can be cooled to
make the electrolyte contacting it form a paste (see WO
`120, p. 26, lines 29-36). Turning the electrolyte into a
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