I'll make everyone suffer and go on to suggest that when the USPTO gets done, there will be no further formal legal action regarding the '584.  If the USPTO gives claim 29 the thumbs down, I doubt our team will proceed with the appeal.  If the USPTO gives it the thumbs up (with perhaps greater strength), the need for the appeal will probably go away,

The Markman claim construction is the legal definition and, until it is corrected at Appeal, will so remain. The USPTO decision/submissions will be of assistance at Appeal.

Be well