IMO, nothing but a red tape requirement on our end.
If there is a deadline to file an intent to appeal, despite not getting a 2nd rejection, and you miss the filing deadline, you are screwed, thus do it and have that CYA thingy in place.
As with the Markman, there was an appeal deadline to file the paperwork. A letter of intent if you will even if you do not move forward and I think this is all we did with 737 procedurally.
I could be wrong...all IMO, but it makes sense.