IPod Settlement Limbo

Here's an interesting case that I just want to understand, regardless of outcome.
My 3G iPod qualified for battery replacement (I thought), until the other day when I learned, as my iPod was wiped and boxed, that my current iPod, received in 4/06 (I'm on my fourth replacement/refurb), contained the newer battery, and thus I was no longer eligible. I replaced my first while under warranty for battery issues, the second was returned immediately for failure, and the third got APP from 04-06. The third received the battery replacement, unbeknownst to me, this Spring, becoming my fourth.
So the question is: since I no longer qualify for battery replacement, can I opt for the below (from the settlement terms). I meet the below criteria, but...does Apple consider my iPods as one, with four different serial #s, or four distinct units in succession, and thus the "purchased the APP for that iPod" would disqualify this.
Neither AppleCare or the settlement administrators seem to be able to answer this.
Benefits for Class Members Who Already Obtained Battery Replacement or Repair under the AppleCare Protection Plan for iPod
If you are a Class Member who: (1) purchased or obtained a new First, Second, or Third Generation iPod on or before May 31, 2004; (2) purchased the APP for that iPod before June 3, 2005; and (3) obtained a replacement or repair for a Battery Failure under that APP at any time, you are entitled to a check for $25.00. You need not submit a claim to receive this payment. Apple will search its records for all Class Members who are entitled to this compensation and will have a $25.00 check mailed to each such Class Member it locates.
Since I did not receive the automatic payoff, Apple must not consider me as one of these Class Members. Bonus to anyone that can explain why.
I'd appreciate any enlightenment, TIA
TiPB G4

OK, an update. I disconnected the iPod, restarted the iTunes software again, and reconnected the iPod. It again recognized that the iPod was in limbo and needed to be restored and this time the restore process seemed to continue without error. It is still in the process of restoring.
It still says the iPod software is ver 1.2.1 and I think the new version is 1.5. I will try and see if it will accept the new version update after it's finished restoring.
Thanks!

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