Appeal No. 2004-1043
Application No. 09/960,907
cell. However, as both Weaver and Berclaz suggest, cooling
is also desired to maintain the temperature of the cell.
Passing current through the cell heats the cell and can
raise the temperature to undesired levels (see US ‘340,
p. 3, col. 2, lines 53-60).
Regarding the use of a controller in claim 27, Weaver
maintains "a proper temperature control within very close
limits by using a temperature sensor and controller (page
4, col. 1, lines 1-26). The use of a temperature
controller would have been obvious to one of ordinary skill
in the art because the use of a controller allows the
temperature to be maintained at the desired operating
conditions. Beck, Weaver, and Berclaz each disclose
operating the electrolytic cell at specific operating
conditions. Since the operation of the cell itself affects
the temperature of the electrolyte, the use of a controller
would be consistent with the operation of each of the
references. Furthermore, Beck discloses the use of a
thermocouple for continuous temperature measurements (see
Beck paper, p. 359, col. 2, first paragraph.
D. No suggestion or motivation (XII. D, pages 26-27)
i. References teach away from Applicant's invention
(XII.D, pages 26-27)
Appellant states that the references teach away from
Applicant’s invention for the following reasons: the Beck
paper teaches the use of "a ‘firebrick insulated steel
shell’ which would prevent heating through the metal
bottom" (see Appellants Brief, p. 26, last paragraph;
Weaver teaches that the transfer of heat "through the
bottom is reduced to ‘substantial minimum’” (see
28
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