The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-19
OPINION OF JUDGE GREER.

As write with difficulty can only state the con
clusion. to " hich my mind has come after careu
examination oi tins case -
25l OF April 1875. This is prima tacie evidence OF
4 ..ood title, aud puts ou the respondents the hur-
den OF uropi that the patent is vod or worthless.
need not repeat my remarks III the case of Good
ysgr vs.. Da, {. Wall, T.. G. Rep; ..9.) bat nov
Sdcpt them as aiiordinx rule OF decision Which AZ
pics clearly 10 the present Case.
AZ the infringement of the patent IS admitted,
the onl, question will be as 70 the validity vi com
plaiuans patent of Apii %, ls5S.
ut was after speculation hao been reduced TO
practice " and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance of the people un the subject, and
purstaulng the pubic that his invention Was useful;
ater hc had established its great utihty and value,
and "when his genius anu patient perseverance,, III
.puo oi sncers and SCOTS, were completely sIc'
ces,f,l, tlat heed, who had before made exrei-
uiunt- ON the same subject, anC was Unsuccessful,
m1gined that lie had the best light .othenNeniion,
a, d after purchasing one oc more complalncnIs Tor
p.doe- he applied On the lst oil November, 1861,
for "A uatcnt for substantially the same cOnlbina
lion, of devsccs and achne contained in ocmpiaih-
ants patent. On the 1ott OF the same niontl th@
re,ijpna,ut formed themselves into l. company e.
CORPORATION called "rhe Reed TorDeco Company"
for .ns pdrpose Of pirating the cunplainGnt'e ia
veiition and supporting tire expense OF litigation,
and thu. defraud him Of the iruiis. They hey pee
severed, even after the preliminary injunction very
properly grante0 by the District Juigs.
Let a u crcc he entered for com plinan. for per-
petual Injunction. aili Master appointed 10 ,a:e
an account according 10 the payer Of the hill
Il. I. GHIAa, J!Gss.
NorE-The pas sage referred to ~ Judge C:!e- Ii
hi. former son, Wallace, p. 209 adopted e.
applicable to thi- case was as iullnws:
az is usually the case, whsr aI.y valuable citcoY
err, il nnCe on any mfchi1e o.. great nj iiy is
invented. that the attention @. the pGbl has been
turned to ihlt subject previously, sat tia. naiy
perrous have been making researches aa6 expert
ments Philosophers AID necharcill5 ,nry have
IN some irpasU-e anticipated IN tll3'r Expectations
,be possibility o. probability o. len dircOvery or
invention: nliry isperments have been successful
ly tri4d co,niu. very near. yet al = short UE the
Gesir5d rtauit. Tney nave pGodrcee nothng pcDe-
fetal. TIE Invention whou poliectei RAY truly he
said % ne tAe eliminating point OF many expert
men H. MT only by the inveu .Or, bnt ~ many 9th.
ol- lie may hnye profted iHdra3tly by the unsGc-
csssf-l experiments and failures OF oner-, but ii
gives the i nc night 20 ciam a STARE oil the hcnor Of
specnisI.on las been reduced 20 practice when ox-
pertinent ha- resulted in discovery. and when that
dscgIety has been perfected by patient and eOatin
ueC exnerimenfs when come new compound, art,
or machine has been thus produced
when is useial 70 shc public .ha; tie party making ii
becomes auuhic bcnelhctor and ititled To patent
"Aud Yet when genius and patient perseverance
have Mt length succeeded, in spite of sneers and
SCI hs some v9llable in, eItOn or discovery, how
seldom Is II followed by reward hwy roos him
Of the honor white spectators swindlers. and pi
rates rob him OF the profits. Every unsuccessful
aXuelimenter who did or did or did not come very
near making discovery now claims il. Every ono
VINO can invent All Improvement or vary it's form,
Claims right TO pirate the original discovery. We
need not summons Morse, or Blanchard, Or Wood |
worth to prove that this is lbs usual history of eve
~ great discovery or invention.
"Ilhe present case ADDS another chapter to this |
long ana uuform histe -y."--2 wallace, C. lie.
ports p. ~!