Appeal No. 2006-0790
Reexamination Control No. 90/005,117
together with respect to rejection II. (Substitute
appeal brief filed on December 31, 2001 at 7.)
Rejection I: Claims 1-3 & 10-12 over Damark & Teague
2. Appealed claim 1 reads:
5 1. A treadmill comprising:
support structure having a base for stably
positioning on a support surface to be free
standing and having upright structure extending
upwardly from said base;
10 a tread base having a frame that includes a
front, a rear, a left side, a right side and an
endless belt positioned between said left side
and said right side, said frame being connected
to said support structure to be moveable about an
15 axis of rotation spaced from said front toward
said rear between a first position in which said
endless belt is position [sic] for operation by a
user positioned thereon and a second position in
which said rear of said frame is positioned
20 toward said support structure;
handle means associated with said support
structure positioned for grasping by a user for
moving said support structure with said tread
base in said second position between a use
25 position in which said support structure has said
base positioned on said support surface for
stably positioning said support structure on a
support surface and a moving position in which
said support structure is rotatably displaced
30 from said use position;
roller means adapted to said base for
engagement with said support surface when said
support structure is reoriented to said moving
position for movement of said support structure
35 by user on said support surface; and
a gas spring connected between the tread
base and the upright structure to assist in
stably retaining said tread base in said second
position relative to said upright structure with
5
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