With 737 E.Digital did not attempt to re-write any claims like 774. E.Digital is sticking to the original wording. Thus since the examiner and E.Digital do not agree, it must now go to USPTO appeal process where a different examiner will now either agree with E.Digital or the original examiner.

There will be an NIRC, but it will not include claim 5.

The appeal process is a USPTO process and not a court appeal.

Im sure E.Digital will explain the next steps involved if you ask them.