Ex Parte Beck - Page 39


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

              beginning at last paragraph; p. 359, col. 2).  The method             
              of Beck differs from the instant claims because Beck does             
              not explicitly disclose where the heater is located or the            
              order in which the heat is applied and the electrolyte is             
              added.  Steiger teaches a method of electrolytically                  
              producing aluminum and teaches that either molten                     
              electrolyte may be added to the cell, or powdered                     
              electrolyte may be added and then melted (see US `583,                
              col.13, lines 5-13).  Regarding the placement of the                  
              heater, Berclaz teaches that placement of the heater at the           
              bottom of the cell is advantageous because it also provides           
              insulation to the cell to prevent heat loss (see WO 120,              
              p. 26, lines 25-36).  One skilled in the art would have               
              been motivated to combine the references Beck Berclaz and             
              Steiger because the teachings of the prior art suggest                
              advantages to the combination.  One skilled in the art                
              would recognize that the rearrangement of the components in           
              each reference does not affect the Method of producing                
              aluminum taught by the prior art.                                     

         III. Our analysis                                                          
              We incorporate the examiner’s comments as our own and                 
         affirm each of the rejections.                                             

         IV. Conclusion                                                             
              Each of the art rejections is affirmed.                               








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