Actually, it doesn't have to be patented, just published or sold to the public to be considered prior art which could effect the patentability of the "new" design.I think I'm safe, but it's almost impossible to tell these days, with all of the participating nations in the patent system.
I ran into a Japanese patent on one of my other applications, how in the world does one search for that?! Doesn't seem to be quite right to me.
Dana