I understand what Doc is saying, however. If the goal was just to make a toy to throw in the line and sell to boys, why go to the trouble and cost of a resdesign? The fact that they mocked up an action figure in what looks, basically, like a Nolanized version of the character would seem to point up that he appears in the film.

With that being said, I wouldn't get too excited about him being in the film. Given we already have the Joker, Two Face and the mobster character (Maroni?), I can't see him getting a lot of screen time.