36In that regard, it must be noted that it is true that some features of a lever-action corkscrew are essential and necessary for all corkscrews of that type in order to fulfil their purpose. However, as OHIM and the intervener have correctly observed, the constraints of functionality relating to the presence of certain features on a lever-action corkscrew are not liable to affect its form or overall appearance significantly (see, to that effect, Wristwatch case, paragraph 24 above, paragraph 118), since the only technical constraints that must be adhered to are the dimensions of the lever – whether a single or double lever – the existence of notches at one end of it, and the position of the screw and its distance from the lever. In particular, the handle, which, as the Board of Appeal correctly observed, is the central and biggest element of the corkscrew, may take various forms and vary in size, and the position of the small blade may differ.
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