Comment 12 for bug 716177

It's a shame the menu for unmaximized windows can't appear in their window decorations, eg, their titlebars.

I do agree that the menu could potentially be confusing, it's the main problem with trying to make the panel replace both the menus of every window and the titlebar of the maximized window. They're two separate elements and trying to cater to both could cause confusion when trying to make the behaviour more intuitive.