Counselor, there is no appeal
The core patent claims (95) have been rejected, meaning set aside for NeoMedia to now respond to the content of the reexam request. I believe they now have 60 days to do so, or until 09/12/08 - give or take. The EFF is
now permanently blocked from dialogue with the PTO during this portion of events, while NeoMedia pursues addressing the content of the reexam and disassembling it while substantiating why the patent claims will stand. NeoMedia's attorneys chose this approach for very specific and deliberate reasons. Additionally, no need for more complaint motions or mention thereof, as this information is public to all. Hope this helps.
All the Best, JP