Binnie J. disagreed with the view of the Commissioner of Patents that at the time the Patent Act was enacted Parliament could not have intended genetically engineered higher life forms to be patentable. He stated that Parliament could not have contemplated many other future inventions including genetically engineered lower life forms, moon rockets, antibiotics, telephones, e-mail or hand-held computers." He argued that the Patent Act does not distinguish between higher and lower life forms and such a distinction is an invention of the Patent Office. He stated that efforts to draw the line between patentable lower life forms and "unpatentable" higher life forms highlight the arbitrariness of the approach.