The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-27
oysyuDHs'OnR RI

As wnte with ..h.c.i, ~. ...., s.a. con
clusons 10 which III! mind has come after ca,,fn.
cxaniiaii ON OF this vase.
lhe complainant has exhibited a patent dated
25h Of April 1860. This is prima iacit evidence vt
good title, ana puts on the respondents the bur
den OF lroM tnat the patent Is void or worthless
necd not repeat my renuiks IN the case " Good.
yearss. Da' tZwall, C. G. kep; .y9) but now
adopt them a. Aiiording rule OF desisOn Which al.
pics clearly tO the y ssent csse.
As tie infringement OF the patent 10 adu ted
the oni, GUT Lon will be TO the validity of com
plainniis patent ot Aprii %, 1858.
81 wis after spccu!nti had been reduced 10
practice and "f''i repeated experiments. ,h., thu
tunpainan, sucC,td, u III over cJm tlie prtjLdics
and igho. .ance IT tue yeUpls Oh the subletl, and
rer-u p.iig tne purc tnat hs.iIv,ntion was us,fu
aft ne hai established its g.eat utility anu yalus
anu When hs genius and p+ ''ent perseverance,, in
&C s!u, that IL Cd who had before n, de- cxper.
ment. on he same subject and was uusuc @ ,siul
aiu a.r hufIla ing one ,r more Ct mplaihauts tor
peIues, Le appi on the LIST Of November, 1851
Tor pate fui substantially thc came combns.
uls vi devices aiu machine con aimed In complain
nnt'e p4t.n,; On .he 18Th of the san,e non,L the
ie.iVnhe'i' formed thsmse IVES into q company Ur
CIR Grafton call ~ hs he,d Tori edo tumIsny,
r,he Iuil oso,f p rating Tho con piainailt Q n
'cnt'on, a supLortLg The eXpensee Vi lit ga,vu.
and,t.us deiraud hun u tne fruits. They nave p.r.
su,vsd. even ai,vr the prel.ms!y ipjuLcti n very
propeily gianttd by tie 4'i-ric' Judge:
Let degree be entered fD conf lain.r for q per
pe,ua injun c,iui; and :, Master. uppointe 10 iake
NIL AcV0uHt az, vaulhS 10 The payer vi thc.blil -
X. c. GllEk, Judge
NorE The passage referred to bv Judge ('ncr 10
his inrLer decision, i Wallace, p. 29v adopted %
app ic.,iio to this case WAS as follows:
"l Is Usually the case, hen any valuable disevv.
cry Is wade, or any new machine Of great utility 10
invented. that ticatentiOn Of the public has bs,i
turned 70 that subject previously, and that many
p-rsous have betn makasg researches and expsrr.
ments IN iosopu,rs ana mech,tpiciaus NAV Lsw
70 some III ssare anticipated In their speculaions
s.ie i'ssbiity or probability Of such discovery OF
nNentl0i; many experiments have beef successful.
y 'iieJ, coming yeiy near. yet falling short OF the
se-hed result. lney Snvs produced nothing benz
ncal Ihe Invention whei perfected may truiy's
Said to be the eliminating point III many exyG.
men :, not oniy by the inventor. but by many vth.
ors tie may hay. protsed indirectly by the unaue.
ce-sIul experiments a;a failures ofOtbera, but u
give, Them no right to ola M share oil the hCner Ot
she profit Of the SUE cessful inventor Ii ia when
speculation lias been reduced U practice. when e4.
pertinent la resulted in discovery ana when tina,
discovery has been perfected 10y patient ana cOntn.
ued&xprrments, when some new compound, art
manufacture, or machine has bean Thu, produced
which is useiuito pmblc, TINT the party maAnxit
becomes apublic benefaCtOr and entitled to psIent
sand yet when xcnius. and patient persevssAAcl
have NJ length succeeded, In spie Of su.ers snd
scoffsJSome valuable Invention or disco~sry, how
seldom is Il followed BY reward! Envy robs him
o. the honor, whi,e spectators, swindsIs, and n
experi,densr who did or did or did not come ve:y
hear making discovery now claims Il. Every oas
who can tnvsnt an Improvement or vaEy it, form,
claims right to I'iya,e the original discovery. We
ntcd not summons Morsy, or Blanchard, or woyf
wosth to prove tllat s IL the usual history Of eTS
~ Er.at discovery VI Invention.
"The present Case aods another chapter TO this
long ana uniform history''-2 Wsllacsi, =. . ks
ports y. 202