Appeal No. 2006-0790
Reexamination Control No. 90/005,117
26. The appellant does not dispute the examiner’s findings
with respect to Dalebout. (Substitute appeal brief at
11.)
27. With respect to rejection II, the appellant refers to
5 the same arguments made against the basic combination
of Damark and Teague.
Rejection III: Claim 13 over Damark & Day
28. Claim 13 recites:
10 13. 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;
15 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 movable between a
20 first position in which said endless belt is
positioned for operation by a user positioned
thereon and a second position in which said rear
of said frame is positioned toward said support
structure;
25 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
position in which said support structure has said
30 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
from said use position;
12
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