BMW Sauber are already working on a new diffuser for their car in case the Court of Appeal finds the design legal.

Team boss Mario Theissen has admitted his team are looking to the future.

BMW are one of the teams which protested that the diffusers used by Brawn GP, Toyota and Williams are illegal.

The Court of Appeal will decide next week if the diffusers are against regulations and whether or not they can be used.

The BMW team are not wasting time in waiting for the verdict and have began development of a new diffuser to try to catch early season pace-setters Brawn GP and Toyota.

"Two of the three teams with a two-stage diffuser are clearly quicker," Theissen told Reuters. "Brawn as number one and then Toyota.

"We cannot sit back and wait until the Court of Appeal if held and we have a decision. We have to work on it and we are spending money on it.

"The sooner it is sorted out, the better. But you cannot expect to make up for such a big gap within a few weeks. And it is clear that the teams that have it already are developing their cars as well."