Re: The lawyers will be fine.
Pointing out what's legal in theory is fine.
Now, in practice, the bigger money wins all too often. That should be clear by now.
Sure if it's ridiculously obvious, the "right thing" will be done.
On the other hand, a good patent lawyer can often blur things enough to easily thwart the spirit of the law.
One could argue that the reality of two classifications - spirit and letter - are what feed lots of legal beagles.
To paraphrase a well known politician when put on the spot - it depends on what the definition of design is.