Fred said, "despite not getting a response either way, there was a deadline to file for an appeal, in the event we received a rejection."

Time frame issue? Debatable. In any case, IMO it needs a definitive end if it was a time frame issue....now resolved with the amendment.

The examiner, as far as I can figure, rejected verbally with a phone conversation yet again....to the argument of preamble language with regard to the the original claim language.

Subsequent that, they were then granted an amendment based in part on the preamble language, however, the preamble language did not support the verbiage of the claim in its original form.

e.Digital says it does, the appeal, if in play, will be fashioned around that substance. As that was the only question being argued.

doni