Appeal No. 2004-1043
Application No. 09/960,907
Appellant’s Brief, p. 27, first paragraph); and Berclaz
does not teach "heating under reduced electrical current
operation as in Applicant’s process" (see Appellant’s
Brief, p. 27, second paragraph).
Regarding Beck's use of a firebrick insulated steel
shell, each of the references relied upon discloses teaches
insulating the entire cell. In each of the references,
aluminum is produced at elevated temperatures (minimum of
750°C). Furthermore, Weaver and Berclaz also teach heating
and cooling the electrolyte through the use of heating
mechanisms; both references also teach that the entire cell
should be insulated. Thermal insulation is used in
electrolytic cells to maintain temperatures and to prevent
the loss of heat to the atmosphere. Berclaz expressly
teaches that an air sweep is used because the air space
"acts as an thermic insulating space" between the cell
liner and the refractory blocks that surround the apparatus
(see WO '120, p. 26, lines 25-29). Therefore, since the
Beck paper requires a heating means and an insulating shell
to insulate the apparatus, the teachings of Weaver and
Berclaz are consistent with the teachings of Beck.
E. No expectation of success (XII.E, pages 21-28)
Appellant states, "[T]he references are either silent,
teach away from, or are concerned with different processes,
there can be no reasonable expectation of success" (see
Appellant’s Brief, p. 28, first paragraph).
Beck, Weaver and Berclaz all teach methods of
electrolytically producing aluminum from alumina using
cells containing anodes and cathodes. The production of
aluminum occurs by the same process. In addition, each of
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