Ex Parte Beck - Page 33


         Appeal No. 2004-1043                                                       
         Application No. 09/960,907                                                 

                   Beck, Weaver and Berclaz teach methods and apparatuses           
              for electrolytically producing aluminum using electrolytic            
              cells.  Each of the references provides a source of heat to           
              control the temperature of the electrolyte and also the               
              capability to apply an electric current.  One of ordinary             
              skill in the art recognizes that methods are capable of               
              being used in other apparatuses and that a rearrangement of           
              parts to achieve the same result is obvious.  More                    
              particularly, the references of Weaver and Berclaz provide            
              clear motivation for modifying the method of Beck.  Beck,             
              Weaver and Berdaz all teach, the method of electrolytically           
              producing aluminum, and in each case, the apparatus of each           
              reference is capable of using the method of the other                 
              because they recognize the need to supply a current to the            
              cell and to provide a heat source to control the                      
              temperature of the electrolyte.  Therefore, the fair                  
              teachings of the references teach and suggest the                     
              intermittent operation of an electrolytic cell and the                
              application of heat to the bottom of the cell.                        

                   iv.  Beck et al. ago not provide parts missing (XII.G,           
              pages 33-35)                                                          
                   Appellant states, "Beck et al. ‘701 does not provide             
              parts missing in the Beck Paper, Weaver and Berclaz (see              
              Appellant’s Brief, p. 33, third paragraph).  This statement           
              applies to the metallic liner.                                        
                   The Beck paper teaches the use of a metallic liner               
              (see Beck paper, p. 359, col. 1).  The reference of Beck et           
              al. was relied upon to disclose the desirable size of                 
              aluminum particles used in electrolytic aluminum production           
              cells.  Therefore, since the Beck paper teaches Appellant’s           

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