Appeal No. 2006-0790 Reexamination Control No. 90/005,117 positioned between the left side and the right side; and a handle extending from the base. 8. Damark further teaches that the treadmill may be folded vertically. 5 9. The appellant acknowledges Damark’s disclosure as follows (request for reexamination filed on September 25, 1998 at 3): The Damark reference depicts a manual folding treadmill having a tread base rotatably attached 10 to an upright support structure, wherein the point of attachment is intermediate the front and rear of the tread base. 10. Damark also describes the provision of front wheels to 15 allow easy movement and easy storage of the treadmill. 11. The examiner determined that Damark “discloses all the limitations of the claims, except for a gas spring connected between the tread base and the upright structure to assist in stably retaining said tread 20 base in said second position relative to said upright structure with said tread base in said second position.” (Final Office action at 2.) 12. The appellant does not dispute the examiner’s determination that Damark “discloses all the 25 limitations of the claims, except for a gas spring 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007