Appeal No. 2004-1043
Application No. 09/960,907
the application of heat to the bottom of the electrolytic
cell to control the temperature (see WO ‘120, fig. 6;
p. 26, lines 25-36). Berclaz also provides motivation
for using an air sweep positioned at the bottom of the
cell (see WO `120, p. 26, lines 25-36). Therefore,
one skilled in the art would have been motivated to
provide heat to the bottom of an aluminum-producing,
electrolytic cell.
ii. Avoiding the high cost of electricity is missing
the prior art (XII.G, page 30)
Appellant states, "Applicant’s steps for operating an
electrolytic cell for producing aluminum to avoid the high
cost of electricity are missing in the prior art references
(see Appellant’s Brief, p. 30, last paragraph. Weaver
expressly teaches the intermittent operation of an
aluminum-producing electrolytic cell (see US `340, p. 3,
col. 2, lines 61-74). In addition, Weaver expressly states
that the desirable working conditions "include the use of
so-called ‘off-peak power’" (see US `340, p. 3, col. 2,
lines 61-65). Therefore, Weaver clearly provides, the
motivation for one skilled in the art to operate an
electrolytic cell intermittently to take advantage of
off-peak power.
iii. Picking and choosing parts of references (XII.G,
page 39)
Appellant states, [T]he Examiner picks and chooses
only parts of these references and ignores the fair
teachings of the references" (see Appellant’s Brief, p. 31,
last paragraph.
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