29Therefore the Board of Appeal did not err in stating, in paragraphs 13 and 16 of the contested decision, that the non-visible characteristics of the product, which do not relate to its appearance, could not be taken into account in the determination of whether the contested design could be protected, nor in concluding, in paragraph 17 of the contested decision, that ‘it [was] not necessary to take into account, in the examination of the individual character of the design, of the filling inside the cookie, as portrayed’.
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