Appeal No. 2004-1043
Application No. 09/960,907
electrolyte and the application of current to perform the
electrolysis reaction. Thus, the apparatus of each of the
references is capable of performing the method claimed by
the Applicant.
Regarding claims 1-17, which require the periodic
reduction of current flow to the cell and the application
of heat to the cell to maintain the electrolyte in a molten
condition, Weaver expressly teaches that off-peak power can
be used advantageously to produce aluminum in an
electrolytic cell and that the electrolyte should be heated
to prevent the electrolyte from freezing (see US `340,
p. 3, col. 2, lines 61-74). The Beck, paper also provides
a method of producing aluminum electrolytically and
requires the addition of heat and the timed application of
current (see Beck paper, p. 359, col. 2). One skilled in
the art would have been motivated by the teachings of
Weaver that off peak power could advantageously be used in
the method of Beck by operating the cell intermittently and
preventing the freezing of the electrolyte by the
application of heat. The position of the heater is riot
relevant in claims 1-17, which only require the application
of heat to the bottom of the liner. The heating mechanism
of Weaver radiates heat in all directions, including the
bottom of the cell where the electrolyte is located (see US
`340, fig. 2). In addition, Berclaz teaches the placement
of a heating mechanism at the bottom of the cell because it
provides the advantages of insulating the cell when heating
or cooling is not required. Therefore, the different
rearrangement of components in the prior art references
show that the step of applying heat to the electrolyte is
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