Appeal No. 2004-1043
Application No. 09/960,907
the references teaches the addition of heat and operating
the cell while the electrolyte is in a molten condition.
Beck discloses the addition of heat to melt the electrolyte
and then performing electrolysis (applying a current) for a
set period of time (see Beck, p. 359, col. 2). Weaver
teaches the intermittent operation of the
aluminum-producing electrolytic cell to take advantage of
off-peak power and the application of heat while power is
not supplied (see US `340, p. 3, col. 2, lines 61-74).
Therefore, Beck and Weaver both teach the application of
heat and the non-continuous application of current. Beck
and Weaver also teach the insulation of the electrolytic
apparatus to prevent the loss of heat. Berclaz teaches a
similar method of electrolytically producing aluminum from
alumina. Berclaz teaches the application of heat using an
air sweep positioned at the bottom the cell to provide heat
and also provide insulation (see WO ‘120, p. 26, lines
25-36). Since each of the references teach similar methods
and are used to perform the same process of
electrolytically producing aluminum using the application
of heat and current, one skilled in the art would
reasonably expect success in the combination of the
references.
F. Cannot provide all of the limitations of the claims
(XII.F, pages 28-29)
Appellant states, "[T]he Beck Paper, Weaver, and
Berclaz do not and cannot suggest all the limitations of
the claims because the Beck Paper is silent with respect to
periods of reduced electrical current flow to the cell and
the application of heat to the metal bottom of the cell
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