Appeal No. 2006-0790
Reexamination Control No. 90/005,117
associating the tread base with the upright structure
is found at column 15, lines 3-28.
18. The inventors disclose that gas spring 505 of the ‘624
patent is part of a lift assist assembly. (Column 15,
5 lines 3-28.)
19. The inventors disclose the function or purpose of the
gas spring as follows: “The force and the torque (TF)
exerted by the spring 505 is selected so that the
resulting required lifting force (LF) may be nominal
10 (e.g. 5 to 20 pounds).” (Column 15, lines 22-24.)
20. Teague teaches that the gas springs, like the gas
spring described in the ‘624 patent, provide a lifting
force. (Column 2, lines 3-8.)
21. Appealed claim 1 does not limit the degree or manner
15 in which the gas spring “assist[s] in stably
retaining” the tread base at the storage position.
22. The appellant has not proffered any evidence (e.g.,
declaration evidence) that would support the
allegation that Teague’s gas spring does not “assist”
20 in stable retention.
10
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