The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-23
OPINION OF JUDGE GRIER,

As write with d!,fcnlty can only stat. n, i
illusions Ia which m! MIND has come after a a,
examination of this Ease.
The com, ,,lsiuant has exhibited n paten, Al
18th Of April, 1865 This Is prlma iacir evid,p,
a good title, and puts on the respondents the n
den Of proof that the patent Is VOID or WORTH,
| need not repeat my Iemurhs IN the case Of a Il
year ". DAY u Wall, q. c. Rep; - b., n
adopt them as ailordins rule ~ decision hi
plies clearly to the pi esant c,se.
As the infringement OF the patent 1, admb,I
the only question will be rs to the validity Of n
plainans patent Of April -, 1858.
IL was after speculation had been Reduced
practice and aft'r repeated experiments. III, Il
complainant succeeded III over coming tie Nh .dl
and ignol lance OF the people on the sube,L 4,
rers,iaLine the public tina his invention i"a of.
aft lie mad established its greet utility and ua
and when his genius aud p ',ient per-.,rrate,
spite o sEecrs 'nu scott, Were tomnltty Il
| 90. sful, that Rted, who had before M d. ei,s
ments on ne same subject, aud MAS uu.uec 81
ana after DulcIia>ing one ur more cumpiairag. i
pc 'ues, he nppii' ON the 1t of Novtnbsf
Tor pale tfor substantially the sam. coz,
ons Of devices anu machine con aimed in cuapiI
ant patent; On The 18TH uf the same muna |
respondent, formed thenss ives into y Cumpsa,
cor, GRAFTON cail,d The heed orr edo Com,r
r the purpose Of piatIg the nple!uatii
vention, and supporting tue -Ipensee OF ut ct
and thus deiraud him OF the fuits. They hai,
served, even afcr the prel.ma Y njurcti,r
properly granted by liz .isirici Judge.
Let degree be eniernd fpr COM lsinii iari
petual injun ction; and Master appuinie +
AL account according TO the payer of thehl .
X. e. GluEk, JUG
.NorE-The passage referred to by Judge G-s
his former d"cis'on, 3 Wallace, p. 299 adOpi. y
app icabie to this case WAS M follows: i
at is usually the case, when any valuatl. tsd
cry ia made, or any new machine of great nil 4
invented that the attention of the public ta Vi
turned to that subject previously, and that -ri
persons have been making researches and tliiI
ments. Philosophers ana inechaniCians nlay n
IN some measure anticipated in their sprtgH
.ae possibility or probability OF sueh dsco'al
nvention; many experiments have beet sucCss
iy ii:ed, coming very near. yet falling short
desired result. They have produced nothing
hcal. The Invention whei perfected may uri
sAid 10 be the GU lmina,ng point OF rmny eie
men.s, not only by the inventor. hut ty MAI!
ors. iie may hav. pruilted indirectly hy hsgr
cessfiil experiments and failures Of Others, b
gives them no right to ca IN y share oil the hCtR
tGo profit OF the successful inventor 1t tH
ipceu Iatlon has been reduced to practice. vie.
pertinent ha- resulted In ti scoverv ana vtG
discovery mas been perfected 10y patient sne 60,
ned experiments, when some new eompoln.
manuiactnIf. or machine ha- been ibu, pHdf
which is useful TO the public, that the party NAM
becomes apublic beneiac,or and rntitledto lal
Anu YET when genius ana patl, III peTsc'u~
have at length succeeded, in spite Of sa,s''
scotia, some valuable Invention or dsco"eiy Il
seldom is IL followed by rcward Envy rolt
OF the honor, While spectators, swindle' sd
rates rob him of tic profits. Every ul,htt''A \
e1perimen,er who did or did or did not conc uil
near making discovery now claims it.. HuI "
who can invent an Improvement or vary i'' "
claims right 10 pirate the original discover!
need not summons Orse, or blanchard 'r We
worth to prove tnat this Is the usual h-tor! Of
ry great discovery or invention.
"Thepresent case aods another chapter 70
long ana uniform history - Wallace. T.
ports p. 29l