Ex Parte No Data - Page 20



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

         axis...”  (Column 2, lines 4-6.)  Teague also describes an                 
         additional feature for the gas springs as follows: “[W]hen the             
         bed continues to move toward the fully closed position, the                
         springs reverse their action and act against that continued                
      5  movement” (column 2, lines 6-8).  The function of the gas                  
         springs 56 is more specifically described in Teague as follows             
         (FF16; column 4, lines 1-22):                                              
                   When the bed is moved from its open position to a                
              balanced position wherein its center of gravity 61 is                 
     10       directly over its pivot axis, and upon further                        
              movement the gas springs continue to act as                           
              compression springs but their action is reversed.                     
              Hence, the springs act against the force of gravity                   
              which moves the bed to its fully closed position.                     
     15            During the movement of the bed from its open                     
              position to the position wherein its center of gravity                
              61 is over its pivot axis 13, each lever 50 is swung                  
              to a position wherein its pivot 52 is in alignment                    
              with the lever pivot 48 and the gas spring pivot 58 so                
     20       that the gas springs are nearly fully extended and                    
              they are exerting no moment of force.  However, as bed                
              2 continues to swing clockwise around its pivot axis                  
              to its fully closed position, each of levers 50                       
              continues to swing clockwise around its pivot axis 48                 
     25       and pivot 52 moves along an arcuate path beyond its                   
              position in alignment with pivots 58 and 48.  That                    
              further swinging movement of lever 50 causes the gas                  
              springs to be subjected to compression and they act                   
              against and cushion the action of gravity as the bed                  
     30       moves to its fully closed or rest position...[Emphasis                
              added.]                                                               
              Based on this evidence, we conclude (as did the examiner)             
         that one of ordinary skill in the art would have been led to               

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