Appeal No. 2006-0790
Reexamination Control No. 90/005,117
lifting moment required to move a rotatable body (bed mattress)
into its storage position while ensuring that the body does not
continue its movement beyond its storage position. Although
Teague relates to a counterbalancing mechanism in the context of
5 a bed, it constitutes analogous art because the counterbalancing
mechanism including gas springs addresses the same or similar
problem as the gas spring assembly disclosed in the ‘624 patent.
For these reasons, we hold that the examiner has made out a
prima facie case of obviousness and since the appellant has
10 failed to direct us to persuasive evidence in rebuttal, we
uphold the examiner’s rejection on this ground.
Rejection II: Claims 4-9 over Damark, Teague, & Dalebout
Claim 4 depends from claim 3, which depends from claim 2,
15 which in turn depends from claim 1. (FF24-25.)
2. The treadmill of claim 1 wherein said base
includes a left portion positioned proximate said left
side and a right portion positioned proximate said
right side, wherein said left portion and said right
20 portion each have a forward end spaced outwardly from
said upright member, and wherein said roller means
includes a wheel rotatably attached to said forward
end of said left portion and a wheel rotatably
attached to said forward end of said right portion.
25
3. The treadmill of claim 2, wherein said
upright structure includes a left upright member and a
right upright member, said right upright member being
27
Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: November 3, 2007