I think it's fair; I don't think you rebuke my point. Take out the foreman, and the jury is even more lay than prior and less biased, as you point out. The very nature of juries is to "educate" a lay jury, but the lawyers aren't likely designers, nor the judge, nor the USPTO. I don't disagree with the OP on there being design eras, everyone freely building atop prior art, but laymen rule the trade/dress rulings and the sales of products. The entire hoopla surrounding Apple lawsuits has to do with them insisting laymen are confused into thinking other products are "that Apple thing my daughter needs."