BMW Sauber's protest against the legality of the diffuser designs on the Brawn GP, Toyota and Williams cars has been rejected, meaning the matter will now almost certainly join the FIA International Court of Appeal hearing on April 14.
The race stewards at the Malaysian Grand Prix received a protest from BMW Sauber after qualifying on Saturday against the controversial double-decker diffuser designs used by its three rival teams.
It follows similar protests from Renault, Red Bull Racing and Ferrari at the Australian GP, which were also rejected.
BMW Sauber has appealed that decision, however, which ensures that the results of the Malaysian GP will now be taken into account at the ICA hearing later this month.
BMW motorsport director Mario Theissen said that he never expected the stewards to uphold the team's protest, and made it clear the complaint was put in purely to ensure the results of the Malaysian GP are taken into account at the ICA hearing.
"It was just a formal issue in order to make sure that this race is taken into consideration at the appeal, like Melbourne," he said. "There is nothing more than that.
"It is in order to make it clear it is a formal thing and has nothing to do with what goes on at the weekend here. We just want to make sure that at the court of appeal they will decide on both events."
When asked by AUTOSPORT if it meant the teams involved would definitely seek to get the results of the Australian and Malaysian Grands Prix overturned if they won the appeal, Theissen said: "There will be a decision by the court of appeal and that will include what they do with the points.
"We are not requesting certain decisions or results, we are stating our opinion and putting documentation behind it, and in terms of Melbourne it would not help us anyway."