Ex Parte No Data - Page 16



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

                   1.  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                  
      5       said base;                                                            
                   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                   
     10       support structure to be moveable about an axis of                     
              rotation spaced from said front toward said rear                      
              between a first position in which said endless belt is                
              position [sic] for operation by a user positioned                     
              thereon and a second position in which said rear of                   
     15       said frame is positioned toward said support                          
              structure;                                                            
                   handle means associated with said support                        
              structure positioned for grasping by a user for moving                
              said support structure with said tread base in said                   
     20       second position between a use position in which said                  
              support structure has said 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                
     25       from said use position;                                               
                   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 by user on said support                        
     30       surface; and                                                          
                   a gas spring connected between the tread base and                
              the upright structure to assist in stably retaining                   
              said tread base in said second position relative to                   
              said upright structure with said tread base in said                   
     35       second position.                                                      
              We start with claim construction.  Specifically, we must              
         first consider the scope and meaning of certain contested claim            
         limitations.  Gechter v. Davidson, 116 F.3d 1454, 1457, 1460               
     40  n.3, 43 USPQ2d 1030, 1032, 1035 n.3 (Fed. Cir. 1997); In re                
                                         16                                         



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