Ex Parte No Data - Page 13



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

                        roller means adapted to said base for                       
                   engagement with said support surface when said                   
                   support structure is reoriented to said moving                   
                   position for movement of said support structure                  
      5            by the user on said support surface;                             
                        means for stably retaining said tread base                  
                   in said second position relative to said upright                 
                   structure with said tread base in said second                    
                   position; and                                                    
     10                 wherein said treadmill is configured to have                
                   a center of gravity positioned relative to said                  
                   roller means and said handle means to facilitate                 
                   rotation of said treadmill about said wheel means                
                   upon application of a rotational force by the                    
     15            user to said handle means.                                       
              29. Unlike claim 1, claim 13 does not include the                     
                   limitations with respect to the “gas spring”                     
                   component.                                                       
     20       30. Appealed claim 13 recites that “said treadmill is                 
                   configured to have a center of gravity positioned                
                   relative to said roller means and said handle means to           
                   facilitate rotation of said treadmill about said wheel           
                   means upon application of a rotational force by the              
     25            user to said handle means.”  (Emphasis added.)                   
              31. The examiner took the position that Damark discloses              
                   every limitation of appealed claim 13 except for the             
                   claim limitation “means for stably retaining said                
                   tread base in said second position relative to said              

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