In MBO Laboratories, Inc. v. Becton, Dickinson & Co., No. 08-1288 (Fed. Cir. Apr. 12, 2010), the Federal Circuit affirmed the district courtís holding of invalidity of claims 27, 28, 32, and 33 of U.S. Reissue Patent No. 36,885 ("the RE í885 patent") based on the rule against recapture, and reversed the district courtís holding of invalidity of all other claims.