Toby H. Kusmer was quoted on October 30 by Law360 in an article regarding the U.S. Court of Appeals for the Federal Circuit's ruling in In Re Bilski. The court ruled that the business method failed to meet the test requiring a process to be tied to a particular machine or to physically transform an article into something different. Mr. Kusmer noted that the court tried to reconcile all previous tests and ended up ruling down the middle. "Proponents of business methods wanted a broad interpretation that said anything under the sun made by man should be patentable, while the other side didn't like business methods at all. Traditionally business methods were not considered patentable until State Street, which opened up a can of worms," he said.