The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-28
.-.-,iOPlNlON OY:JUDCE GRiER

As write with iitlculty eau only STATE tie m,
illusions IL which my mind has oue after a ea,,tu
examination OF this case -r
lhr com .laiuant has exhibited a patent da,a
18th Of April, 1855. This il prima fscir eydeuc. ol
good title ANA puts ou the reap, ndeut, the bur
dcn of root tnat the patent is VOID or worthless.
need not rep, a. my Iemarks IN The case Of Good
year ". Day u Wall, Z. C. lep; ~ bat now
adopt them as ailording rule decision icb al.
pie clearly 10 tue p eseh, .se.
As the infringement of the patent Is admitted
tue onl question will he as to the ,aoi,, ol com
plainun patent OF Aprii - ISIS.
ii Wa after specula,i II had been " duced 10
practice and after repeated experiments lh,i tn.
complainant succeeded IN CONT = ii e pr, die,
and lguu unce Of tne lcupl- on III sub,,t ana
,vr.u 40 IL, pubilc tia his iuycntiou .as us,M
aft lie nad e-tabi. shed Is gre II uity anu ain,
am wheis h : gehi,s and p tient peise,eriic,, IN
ep'te u sleers iiu scCrs, were onp ttly ,ue
&C ~, that ed, who hd bu.O eIu d experi
m,uts On ,he same subject and was ui-ucc ,sml
and amer huChaSng uhc ur more {, MP. aluaut's Tor
peIues, he nppli d on tne lst Of Nov,Mbrl, 1884,
Tor paic' for substantially the .an' combila
uns ui devices aid ihachne con med in Complain
ants pat.n,; On the 18th # the salne mon h the
re pondei,is form' d then.e ves into u conpan, or
{ II ration cath - h. iced or edo [ IN, any,
lhe Iurtoso # iathg The con pl iiani IN
Ntnion, aud supportiIg the eApeusee Ol lit gStiuu.
and + us deraud hiun oil the f.,l'ts They have per-
seved. even af'.r the pre.may injunet yely
prnpc ~ granted by liz iic jude
Lei degree be tncr'd fo conf lanI' t for a per
petuaI injun clioi aud Master, ppo,n,e t. take
All account ar,oiGilg 10 The payer Of the bill =,
H. &. GlILk, Juo,s
NorE The passage referred to by Judge Grier IN
his inrn.er d,cis'on, Wallace, p. 40 adopted ~
app icable to this case was as follows:
"li l. u-u .ily the cnsc, when any valuable dscoy
cry II viude, or any new nachihe of great ui its /.
invented. ti.nt thcatention Of The public has be1
'urntu to that subject previously, ana that may
persons have be. II making researches ard eap.ti.
menis Philosophers ana n!.chancians may lave
'"solne III asure anticipated in their sp GU aiions
-.ie puselu ity Or probability of such discovery OF
!nreniInt; many experiments Lave brel successful
~ tieh, coming yey bear. yet ia ling short Of the
desired result They have produced nolhing beue.
lca Ihc Invention who perfected may fuy
aid to be the eliminating point OF many ext,r.
men =, not only by the inventor hut by many Ulh.
Oss tie may have profited indirectly BY the unsuc
ce-siu' experiments and failures of otlers, but i,
gives 'hein no rgh To ca N share Vi the ht nor u
li'c PROM Of tile successful inventor II is when
spc'ua'lon has been reduced to practice, when eA.
pertinent ha, resulted In discovery ana when that
discovery has been perfected hy PARENT auu c0n'in
utu t1periincnt- when some new compound, ART
Maun,loture, or nacnne has been thu produced
which 10 useful To the public, that the party nakinsh
DePomes Spublic beneiuctOr and tntitedt to patent
sand yet when genu- and patti, nj perseverance,
have at length succeeded, in spite of s,e els and
-uofs some valuable invention Ur cisco ely, how
seldom is IL followed by reward Envy Iob- him
oil the honor, "hiie spocultiOrs, swnde g. and pi.
rates rob him Of the pofts. Every unsuccessful
exl,erim, ner who did or did or dio hot come vry
near making discovery now claims It. livery obs
VINO can invent an Improvement or vary its form.
claims right 10 pirate the original discovery. We
need not -umunOns worse, or Blanchard or Wood
worm L" prove tat this il the usual history Of eve
ry gr, al discovery or invention.
1.-The present case ADDS another chapter 10 this
long and uniform history ."-2 " sIlace,. Z. Z Rs
ports p 232