The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-24
OPINION OF JUDGE GREER,

As write with difficulty can only stat. the n.
clusiona TO which my mind has come after A c,ri,
exariinSlion Of Ihis Uase.
1b,' con. .lainaut has exhibited patent dr..
2oih Of April, 1850. This Is prima fl lie eydele.
good title, and puts On the respondent, the In,
den Of proof that the paten, 10 void or WORTHLESS.
necu not repeat my remarks IN the case Of cos
year vs. Day q Wall, G. Z. Rep; .2g) but NJ,
adopt them silording rule oi dsci.On Which a,
pies clearly To the present case.
As the infringement Of the patent 10 admi n
the ouly question will be Us to the validity Of oopI
plainants patent of April -, 1855.
II was after speculation had been reduced IA
practice and aft,r repeated experiments thai N.
complainant succeeded in over coming the prelQdt,
and igno ance OF tue people on tho subetL AMI
persuNing the puOlic thai bis invention .Mas u,iu
sfter he had established its great utiiity and yaa,
and when his genius and patient perssyerarct, In
spite snsers ,nu rcoif-, were omplrtey y:
es-siul, that Reed, whu had before IN de erter
ments on the same subject. and was uu,ucc,e,
and after purchasing one or more comp ainau .a
pedoss, he appli on the lst Of November, ls
Tor n pais"tfor substantially the same combin,
tons Uf devic,s and machne con a ned In cUmpli
ant's patent; On the 10Th of the iaua mon,l Ii,
respondents formed the n-e Ives into Conpan, II
coronation called "lh. heed 1orl edo lOm,s az,
r the purpcro Of pIatng the complainaii.a
vcntion, and supporting the expeusee OF li,ig4,v:
and tnus defraud him Of tue fruits. They have, ~
served. even ailsr the prel!maiy inNnctl. Nl
Let degree be enter,d fUr ;omI lsindi for n.
petual njun ctioD; and Master, spplntc to ii,
Mi account accordingly TO the payer ofthe.biIl 4
\. &. GluER, Jacs.
NorB-The passage referred to bv Judge GNsh
his former decis'on, 3 Wallace, p. 100 adopted VI
app icabis to this case was as follows.
''lt Ia usually the case, when any valuable di,soT
cry In made, or amy new machine Of great uIiiy u
invented that the attention OF the public has bee.
turncd TO that subject previously, and that ma!
per-ons have been making researches and eIpr.
ments. Philosophers ana mechancians may hia
n some measure anticipated in their sptCuinou
.ne possibility or probability Of such discover! e
INVENTION; many experiments lave beeL sucee,,.
ly tiied, coming very near yet falling short Oi ~
desired result. They have produced nothing bt'.
deal The invention whei perfected may lruI! :,
said to bs the eliminating point OF manv eIlr'
mon 8, not only by the inventor. but by many OF.
Ors. tic may have profitsd Indirectly by the lnsr
cs-sful experiments and failures of Others, bli 4
gives 'hoin right to claim n share oi the hcuci
tue prod of the successful inventor Ii Is VIA
spetu.auon has been reduced to practice, whtp 81
pertinent has resulted in discovery and when rs
discovery has been perfected hy patient and eontt
usd experiments, when some new compound r
manufacture, or machine has been ha. prCcn'
which 10 useful to the public that the party nakips
becomes apublic bencfactor snd entitled to pa'h'
sand yet when genius and patient perse'eisl'' y
have at length succeeded, in spite OF sneers h'
-cofs, some valuable invention or tscO"ofy ~
seldom IL IL followed by reward Envy rots ID
OF the honor, While specularors, swindles' and N
Gates rob him of the profits. Every un'ucceslA
sxperimenter who did or did or did not conc va!
near making discovery now claims it, Every on
who can invent all Improvement or vary its i0i,'
claims right TO pirate the original discovery! vs.
need not summons Morse. or Blanchard or We.
worth to prove that this i- the usual history Of eve
ry great discovery or invention. .,.
"The present case adds another chapter 10 ",
long and uniform history."-2 Wsllacsi T. nj
ports p. 292