Appeal No. 2006-0790
Reexamination Control No. 90/005,117
Damark discloses a manual treadmill identified as “Wilson
Manual Treadmill” comprising: a base that necessarily includes a
frame having a front, a rear, left side, and a right side with
an endless belt positioned between the left side and the right
5 side; and a handle extending from the base. (FF7.) Damark
further teaches that the treadmill may be folded vertically.
(FF8.) Indeed, we note that the appellant acknowledges Damark’s
disclosure as follows (FF9; request for reexamination filed on
September 25, 1998 at 3):
10 The Damark reference depicts a manual folding
treadmill having a tread base rotatably attached to an
upright support structure, wherein the point of
attachment is intermediate the front and rear of the
tread base.
15
Damark also describes the provision of front wheels to allow
easy movement and easy storage of the treadmill. (FF10.) That
Damark discloses the above elements or limitations has not been
contested.
20 After considering the scope and content of the prior art
relative to the claimed invention, the examiner determined that
Damark “discloses all the limitations of the claims, except for
a gas spring connected between the tread base and the upright
structure to assist in stably retaining said tread base in said
25 second position relative to said upright structure with said
18
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