The example you give only proves that it's possible to create variety in designs with a single form. Both have the same design features (black borders and scree

The example you give only proves that it's possible to create variety in designs with a single form. Both have the same design features (black borders and screen in the center), however the details in implementation is different. From color black, size of borders to the evenness of borders (judging from your small image alone, NEC's have larger borders on the side). If you considers the part that can't be seen from that image, then there's also location of speaker, back of the TV, raised border or even location of LED indicator, to think of a few. And features a rounded borders or not. Quoting the Expert Declaration (the one that everyone keep saying "Apple patents rounded borders!"): > "[i]n determining whether a design is primarily functional or primarily ornamental the claimed design is viewed in its entirety, for the ultimate question is not the functional or decorative aspect of each separate feature, but the overall appearance of the article, in determining whether the claimed design is dictated by the utilitarian purpose of the article."