We got the final rejection

"In compliance with 37 C.F.R. § 41.31(a)(1), Patent Owner hereby appeals to the Board of Patent Appeals and Interferences from the decision dated May 30, 2012 of the Examiner rejecting the claims of the above-identified patent application."

There was a final rejection to claim 5 ....

e.Digital responded to that rejection....7-30-12....arguing the claim preamble ....without amendment.

Subsequent that 7-30-12 filing was a phone conversation 8-21-12 with the examiner, where on 8-24 a supplemental response was filed by e.Digital...having the amendment.

They are now appealing the initial 5-30-12 rejection of claim 5.

Thing we do not know is what was the action on the amendment considered?

My thought is, the examiner went along with it, however, e.Digital is now appealing an earlier status after having gotten a commitment to the amendment.

doni