The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-10-24
OPINION OF JUDGL GRIER

As write with difficulty can only state The
clusions 10 which my iuind has CONE after en-.
examination Of this case
The com planant has exhibited patent a,
18th Of April, 1865 This Is prna facir yidere.
good title, and puts On the respondents the
den of proof that the patent is void or wDrthlf,.
need not repeat my remarks in the case Of Cfs
year ". Day t2 Wall, c. G. Rep, .2D) bu, 4
adopt them as xlorcing rule of decision which
plies clearly To tn present case.
As the Infringement of the patent is adml,av
the only question will be as to the salility OF a.
plaingrfs patent Of April Is, 1858.
81 was after speculation hadbeen reduced
practice and afttr repeated experiments ih,ir
complainant succeeded In over coming the preigss
and ignorance oi the people on the subject :,
persuading the pubiic thai his Invention twas n.
aft lie had established its great utility and yas
and when his genius and patient perseverance.
spite snecD nj fcoh,, We're tolnpleirly II
ce-sul, that Reed, who had before made eyts.
menis ON The same subject and was ursnsc esf,
aud afler purchasing one or more omp aii .u, h
peloes, he applied on the lsi Of November. Is
for a pateIt for substantially the sam, couSln|
ons of devices aud machine oonfsined in c,nplat|
ants patent; On the 18th Of the sams monh Al
re.pOndelts formed thense ives into y c0apany \
COR Grafton called al h Iced orpeio tunirapt|
the purpose Of ? rating the complg iuants j
ycntioh, aud -Iipporting the ex pe,see ofliir,tpS
and thus defraud 'hIm of the frults. They have :,
seiyed, even afIcr the prel.may injunet y,
properly granted by II, lh-lHct Judge.
Let degree be cnterod for CONF lainar for ps
petual injun ctor; and Master. appoisie to IN
al account aceoidingy TO the payer ofthe.hil.
= Il. {. CNER luCg,
.NorE---rhe passage referred to BY Judge Grie,
his iorrn,r decision. 3 Wallace, p 200 adopted .
app icabie TO this ,ase wa.as follows:
~ Is usaailythe case. when any valuable disco
sftls wade or Any new machine OF great NIFTY
invented, tlat the attention of the public has be.
turned to that subject previously, and that maj
persons have been making researches aud exps-
mentss PhilcsopIer. and n,chanicians may lad
~ some m.nsurrnnticipated 10 their speculs,oI
she possibility or probability Of such discover
inventon: many experiments have beof successfl
ly tIied, coming Very near. yet falling short ut n
desired result. They have produced nothing herI
ncai lie Invention whe perfected may iuly
SAID 10 DC thc eliminating point OF maay oXpd
men :, nOtoniy by the invcltor. hat By msny on
ors. uo may hay, profitei indirectly bv TIE ur,a
ccssfil experiments and failures of tthers, bat
gives thelB no right to clam u share OF tae hrupr
the proht OF the srcccssfal inventor u Is whc
spe 'niallon has been reduced to practice when e
pertinent ha- resulted IN discover, aud when hi
discovery has been Perfected by paticn, aau sunti
ued experiments when some new cotnr.,,Dd al
manufacture, or machine has been ihp. prOdus,
"hicn Is useinlio thepubhc,tha the parry Aaking
becomes apubic benellctOr and entitledfo'a paten
"And yet when genius and pati nj parsayerGu,
nave atJength succeeded, ia spia Of sutrrs al
SCOTS, sDme valuable invention or disco"ery. no
seldom isal followed by reward Envy robs Iii
OIL me honor, white spectators, swinde 8, and =
faies rob him ofrhe profits. Every ursnrcessi
experimentcfwho did or did or did not come ye
near making discovery now claims il. Every OF
VINO can invent an Improvement or vary ifs iurr
Claims right to pirate the original discovery v
need not summons Worse, or Blanchard, O. Woo
worth " prove that this is the usual history Of ur
ry grrat discovery or invention.
"fhe Present case adds another chapter 10 th
long and uniform history - Wallace! C. Z
ports p. 2S2