The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-16
OPINION OF JUDGE GRIEE, ~

As write with difficulty I can only stat, III, 4
clusions To which my mind las come after al
examination of this case. Il
The COM plsinant has exhibited pa,er, NJ
25tA Of April, lcd5. This is prima fact e,iisp,(
4 good title, and puts on the respondents iii. II
den OF proof that the patent is void or worhlst
| need not repeat my remarks III the case Of L,
year W. Day q Wall, c. Z. Rep; .gg) bq, N
adopt them n ailordng rule oi deCsiOgw. hi "
pie- clearly to the present case.
As the infringement of the patent IL alult-I
the only question will be us to thr validity Of co
plainanis patent of April -, 1855.
Il WAS aiier speculation had been r,dusd ia
practice and after repeated experiments ID, IN.
complainant succeeded in over coming the pro,lsc,
aud igIoIance Of the people on the sublsL "A
persutding the public that his invention !A as .. h
aft he had established its great utility aul "a u,
and 'when his genius and p'tient per,eyrrago (
spite -necr- .,il SCOTS were compttiy u
&C .sfu, that Heed, who had before made "a
ments ON he same subject and was un-uccrtf
aud after purchasing, one ar more complainant,
peiOes, he applied ON the l-t Of Nvyeu,ber IN
Tor u patent for substantially the same com6i T
ons of devices ana machine con aimed In conf n
ants pstent; On The 18th Of the same mouk L
e,pondenfs formed ihense Ives into cumpaa, l.
cor, Grafton called ''lha tecd Tori edo ,umIlf
the purpose of pratng the compisiuai'.
yention, and supporting tue expensee ltgaal 4
and tnus deirduc hun oI the iiil'ts. They iias n
served even after the prcl.may iujuuctila vi
properly granted by Il, i-i ICJ judge.
Let degree be entered fur COM lainii, for II
petual injun criOu: and Master, appoinle 10 "A
an account at,vid ding 10 the payer ofthe bill ]
X. I. GklEh, Jacf
NorE-The passage referred TO bv Judge Graf
his former d -cis s'on, 3 Wallace, y. 2gy adop. q
app icabIe to thi- case was a, follows:
''lt Is usually the case. when any valuable tas
cry Is made, or any new machine of great uiby /
invented. that tncaltertion of the public ha. 4
turned To that subject previously, and that IA
psr-ons have been making researches and eI,a'
meats. fh lOsUphtrs anu mechauicaus msy II
IN some m asure anticipated In their sptcua1
-.le pOs-ib ity or probability Of such discover
nvcntieu; many experiments lave been success
~ tiled comm. very near. yet falling short d 4
desired result. They have produced nothing n
hclal The Invention wheu perfected may imi
'-ld to he the eliminating point OF many excl
men :, not On y by the Inventor. but by laany Il
ors lie may hav, proiiied indirectly by iheus
ce-sfti experiments and failures oi Others, bf
gives them no rght To ca IN rhate Ol the htpG
tEe profit Of the successful inventor 1t i.Ui
spe. iatiOn has been reduced to practice, Wien 4
pertinent la. resulted in discovery and whG a
discovery ha- been perfected by patient and e.ii
ued experiments. when some new com poIlG =
manufacture, or machine has been thu, prt'a
which Is nseiultO thepublic, that the party maA1a
becomes apubl,c bcnefactOr and entitled 10 ls''s
"And yet when genius aud patient pSseteIan
have at length succeeded, in spite Of sn,eis 4
SCOTS, some valuable invention or disco"er, b
seldom is ii followed by reward Ervyiobs =
Of the honor, Whine spectators, swindie s. and Z
rates rob him of the profits Every r,succeai
eXperimcnl.r who did or did or did not come "
near making discovery now claims It. Ever .
who can invent an Improvement or vary i,' iGi
claims n right 10 pirate the original discovery Y
need not summons Worse, or Blnnch1rd, or Wes
worth to prove that this il the usual history Of ~
ry gr-a, discovery or invention.
1.-The present case adds another chapter to "
long ana uniform history.n-2 Wallace,i I. I
ports p. 2a2