Ex Parte No Data - Page 11



         Appeal No. 2006-0790                                                       
         Reexamination Control No. 90/005,117                                       

              23. Teague expressly teaches that the bed has two stable              
                   positions (operating and storage positions).  (Column            
                   1, lines 37-39.)                                                 

      5       Rejection II: Claims 4-9 over Damark, Teague, & Dalebout              
              24. Claim 4 depends from claim 3, which depends from claim            
                   2, which in turn depends from claim 1.                           
              25. Claims 2 through 4 recite:                                        
                        2.  The treadmill of claim 1 wherein said                   
     10            base includes a left portion positioned proximate                
                   said left side and a right portion positioned                    
                   proximate said right side, wherein said left                     
                   portion and said right portion each have a                       
                   forward end spaced outwardly from said upright                   
     15            member, and wherein said roller means includes a                 
                   wheel rotatably attached to said forward end of                  
                   said left portion and a wheel rotatably attached                 
                   to said forward end of said right portion.                       
     20                 3.  The treadmill of claim 2, wherein said                  
                   upright structure includes a left upright member                 
                   and a right upright member, said right upright                   
                   member being spaced from and in general alignment                
                   with said left upright member.                                   
     25                                                                             
                        4.  The treadmill of claim 3, wherein said                  
                   handle means includes a left handle mechanically                 
                   associated with said left upright member and a                   
                   right handle mechanically associated with said                   
     30            right upright member.                                            



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