Ex Parte No Data - Page 7



         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               
                                         7                                          



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