The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-08
OPINION or JUDGE GRIER


As write with iillcuty can only state tHc con
cll-iuDs 40 which my mhd has come after sare!G
examiuaiiuu OF this case.
II.,'Im 1in,nt has exhibited patent dated
2sth of April ic65. This Is prina iicie evidence ci
4 GOOD title, an pats Oh tue respUndento tue bar
40, OF tro .. tnIt tne patent "a void oc worthless.
Eeei moi repeat my lemarss IA the case of Guod
,e9r vs. n, E. Wall C. c. R9E :.9) bat now
adopt thcIu as aiiordins rulaoI teCis!ol "LicA al
r.t,'s C..aly 10 tHe y, esen, case.
A, the Infringement oi the patent is admitted,
the only question VIII be as 10 the NalItty ol com
p,a!nau.s patent OF AfiI - lsSS. ,. .o,,,.o, .,
b. ''it va. ait,r speculation hd been reduced to
practice " .ud aiIef repeated experiments, that the
complainant -ucccede1 IA vNo.Do"llng he ireJnuice
al l..utauCc q! tue people On lhs su'Hect' ana
!er.uali' the public that Ills n'ent'On was usenl;
tner l, had c.u,0I.hei ts g.eat u.iiit, and raue,
.il ",Eeu ns gVuu- a.si l.i'th5 pe!-el eiaice, vi
sul.c o. sAcors Ind SCOTS, MU.c completely sIc-
c,., tu. taat Retd, who Ind rrure made expert
nlant- un tae stnie sa1e-t, anI was Unsuccessful,
,.ua e. lua, ne had the bcst i-.t tNt invention,
"a a;;sr purchasing one o. more complainant Tor
Dedues he applied on the at OF NoNtmber, loGii
fora pll.n, Tor suhs.aI ITALY the same comhina
i,ns ri devices and achiuG contained in complain
apt's patent. ON the 10th OF the same month the
re-puudtuts furnud tn ~nire'Ncs into company or
cpTupratiO called " / he hced Iorpedu Company,
,i Inc pugDl5. uf Diriting the comp ainant's in
yerti., .,nd .urp1rrin- tine expense u iit'gation,
and thus deilauu nm uf the irnit-. They have pes
80, cred even after the PIE trlnaIy injunction Vel!
pro9rrly gtaulcI b, ths, District Judge
Let d cree he entered for complainant for per
neu,cl .riuuctiun. and n dastvr appointed 10 iaNo
IA accuun, according 10 tue prayer oi he biz.
IL. I. GR kK, Judge
NorE The passage referred to by Judge Gricr in
Ii .,,.u.r d I.'Ou, 5 ailace, p 299 adopted a
ADD iciDie 20 this ui5o was rs IuiioWs:
at i. u,uhIy the cnsc, when any valuable ciscUv
~, Is made or any new machne of great ity J.
iuvent..l That thcatuntiOn of The public has been
urncd to that subject previously, ahu tFnt may
uer-ons have lie n making t2sea;chcs and eXptr
meals H. losJpuCrs anu m.chaniclas may have
u! some u, isIrr anticipated in their spccuiatiOne
nc pos-ihi IT. or pronaoiity ol surh discovery or
invention: many experiments .aNe htei Successful
IN ute! coming NeiA near. Yet Ia ing short 81 the
ie-.,cd result. They have produced n".h;l! lcuc-
IeaI The Invention whe perfected may truly be
.4.i. to be the eliminating pO,nt oi many eNpen
mon : II 1 on Dy the iuvcutor. but by many Utl-
,r- uo illy nav, prniited ut'rec,l, by The nn-uc-
,a.-ii,l governments and failures of Cther-. bur II
dive. t!ci no right to share O the h' nor Ol
r',c proA of the successful inventor II Is when
irceuiarioa In. been rvdhc, d To practice When eX
.eriu mt IA. resulted liz ds cOvery aJd when tai
ii GOV cry ha be perfected hy pa'ie'; a!i' cuntin
ueI ex, rlmruts when some new compound, AIT.
manut ,ctUla or machine has been thu produced
WHICH useful to the pIb!ic that the llity mahgii
becomes apuhic ben, tNct"r ana en'ltledt" patent
"hul We, wnen genius aud patient perseverance,
have at length succeeded, in. sii'e OF sn,eis aud
SCOTS some yNuuble invention or Cisco"ery, how
seldom is il followed by reward Envy robs him
If the honor " hue spcculetors swindlt s, and pi
ATS rnb him of the profits. Every unsuccessful
exlsrimcn.er who did or did OF did not come very
near making \ discovery now claims IT. Every Olie
who can invent an Improvement or vary Its form,
Claims right to pirate the original discovery. We
r.ed not summons Morse, or Blanchard, or Wood
worth 10 prove tnat this l. the usual hi tory oil eve
Is grrat discovery or invention.
s,'The preseut case aGds another chapter to this
long ui d uniform hstory."-2 allace, q. y Ne-
ports W.