77As regards the similarities between the designs at issue, first, the Board of Appeal noted, at paragraph 22 of the contested decision, that both designs consisted of small discs that are almost flat. However, since, on the date of priority claimed for the contested design, that was a feature common to the designs for the goods of the type of product at issue, as noted by the Board of Appeal at paragraphs 18 and 20 of the contested decision, that similarity would not be remembered by the informed user in the overall impression of the designs at issue.
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