The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-10
OPINION OF JUpGR GRrER.


As write with iia;culty can only state the con
cusions 10 which my mind bias coais after car.iu
examination OF this case.
The com lls,nnt has exhibited psten. dattd
18th Of April, lo'5 This IL prma iaciv evidence OF
= good title ana pats Oh the respondents the bur
den OF 'ropf that The patert i, void III worthless.
neei not repeat NJ, eu,arxs in the case o. Good
year Va. Day q Wall Z. G. Hep @g) Jit now
adopt them as afuriinv rule OF decision witch sp.
liie- clearly TO the p e-ent ciss.
hs the infringement of the patent Is alm;i tod
the ont, question Will be as 10 The validt, o. com.
plaiuans pat'flt Of april u, lssS.
at wAr after speculation hnd been reduced To
prac' ice" AID after repeated eAIcrimes thar the
complainant succeeded in Oyerco,si ing he lrrsuucn
and gnOraDce ot tue pe0I'ls IN the scbect and
persuatng the puoiic TINT hia invention w- ,e,,,,:
dtler he had established It's x eat Iilit, and valne
and "Nhen his gen u and patient pt~cyeiaucs in
spite oi sncer- and scofI." were ,on,o!tt.lv &c
ce->fnl, tDat lseed, who had d.e;nle made exper,.
meDis on the same sahje,t, nnd was uu,ucce,sii,l
I'M l4inei that tic had the hest i.ht 10 :ne nveniOn
II q after purchasing ele OF more COMPLAINANT tor
pedoes he applied on the LIST of Nov, ,ml., 1877
for patent for substantially the .ai,r cornhi,a
tons of devices and aclinc Contained in comu ain
ants patent. On the 18th OF the same monlh The
respondents formed themssives into comp,uy or
corporate ca led The Eeel roipedn n,I,u.ny ,,
for the pirpose NJ rirating the compIan.n,'s in
veftion, AMI supporting the expense Of lit,-atiou
aid thu defaut hiin III the iriIts. They have mex
severed even after the preliminary Injunction vsry
properly grantel nv the District .iufre
Let d cree he entered for comnain,n for , na-
petiai INJUNCTION AID Master appOiu;el 10 i,ea
an account according to the ,pfny'r q ths bill.
r~.,--, L. Z. GhuER, Judge.
.NorE-fhc passage referred TO by Judge irier in
MS 'uriner deciton, > Nsince, p. 2s9 Aaupteu "a
app icsbie to thi> case WAS follows:
"it Is usually the case, when GBy valn.hIe di .c,y
cry Is made or any new machiue Of lr-at al H. i.
invented, ttat ticstention Of the public has lie n
iurhtA to that subject previously, and that m. /,
per,ons nave he n making Ieseuicit. aud aarrri
menta FhilnsppNtrs anu meciIarcian. nav nv,
IL some N asurr anticipated in their en- cuiatipr.
the possibility Or pro ,0il'ty Of such -cuvprv a,
invention; mhny experiments lave baeI successfiIi
. tiled, coming yety hear y, facing s'iort uI III,
leslIti result. Vney hivc produced nnl'i,ur hem
neal Iht invention ~ he perlcctcd may truly II,
said to be the eliminating pOini oi MANY eXie,i
inen :, ntouly by the inventor h,it by rrniy ON.
ors. lie may haze proltet indirecaly by lh. ,n.,,c
cessiui experiments and failures Of niher, but
gives lel no right to Ri, share o, the hcuor oi
ife protI OF the snccc-stu inventor Ii il when
specuialion has bcen reduced tn practice wien ev.
pertinent ';a resulted l.. oircovery and when & a,
discovery hai tesn pe.t cad 10y pltiept ana con,in
ncd experiments When some new cnmpounJ art
manufacture. uf lnai;une las bean Inns pr,,dnc, =
wlicn Is useful to thepbic that the pnrry insEng II
becomes apubiic b, Factor aDd EMIT ed 10 ~, rnt
land yet wien genins aud paiout nerseser,,nr'
COTS some Yiluabe inventitn or Cisco"rr,. bov
Seldom IL Il fJi.9wci H.; reward Envy ron. hin,
OF the honor, Nhlic spectltOrs, -wjudie O. ana ri.
rates ROB MN OF tie pruit-. Every uu.uccrSs nj
eXpefim,n'er WHO ala or ID did not come v,r,
near making Glscuvely iipw claims IT, very o,,
wh" car invent all impr' 'ycuent vary its form
claims right 10 'irar The original disc .very ",
need not summons 'C'se or blanchard or Wood
worth t. prove that ti- ia tho usual history of eve
~ great discovery or invention.
''The present case acds ,nother chanter I, tbi
long und uniform history."-2 a.lucs, C. Z, Re
ports p. 800.