The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-10
OPINION OF JUDGE GRIER, INV 90,


As write with difficulty can only state ,hs o.
clusions to which my mind has come at or earsn n
examination Of this case. 'u'
The complainant b,s exhibited a patep, a,,,t
18th Of April, lsj5 This /. prma facie evidence q;
good title aud puts on the respondents Tho M
den OF proof that the patent Ia void or worthle,
need not repeat my remarks in the case Of t;noa
year W. Day q Wall, C. c. Rsp, 2e9I In, uos.
adopt them Is atfordng rule OF decsiuu ~ I;.h Nv"
pics clearly to the pi -s.nt case.
As the infringement Of the patent I. admitted
the only question viii be as to the validity of conn
plainanrs patent of April IS, ISIS 'O~
Il was after speculation had been rednced IN
practice and after repeated experiments th,t,h.
complainant succeeded in over coming the p,rindc.
And ignorance of the people on the subrtt sns
persuaiing the public thai his invention IVA, u.f
ait he had established its great utility and y,ns
and when his genius and pstent perseverance, IN
spite rneers and scoffs,' were comp,e,elv .rr
e:siul, that Reed, who had before mnde expsr
ments ON ,he same subject and was unsnc ctesiu,
aho Atter urchaslng one or more complanaut'stor tor
peoOes, he appit' on the 1st OF Noven b,r lso-
Tor pAtsitfo substantially the same comhin,
ons ~ device and machine con ansfi in complain.
ants patent; On he 18th Of the same month ,bss
respondcnts formed thenss Ives into A comnan, a.,
orrorstion caiI,d "Ihs k-d Tor, edo C1n,u,p,,
! tne purpose of piattng he compiainants 3 n'
,ss ,sa'ion ,on, anG supporting ,c ep'r'es OF lit gaou
shu t.us ueifsud nun OF the h'uits TLey'Aavs p.r.
served even after the prelim.ry injunci.g ,,y
properly granted by Il, district Judge:
Lei d-eres be enter'd for CONF sinAr Sr a ,.,
IN tak
AL account sc,uding 10 the payer Of the;biIl.
X Z. GklEk, Judge.
MOTIF passage referred to by Judge (;rier in
MS FORMER decifon, Wallace, D. 2gg ndoptcd A
app icabfe TO this case was as follows:
III IA usually the case, when any valuable di.eoy.
cry Is made, or any new machine Of great utility il
Invented, that the attention of the public b,. been
turned to that subject previously, and that many
persons nave been making researches and e1p,t.
menh. Ph lospners ana mechau uicinn. NAV haye
nHome III ssure anticipated in their rp,cnistiop,
.ne pos-loi.ity or prooabhty OF such discovery or
,h'cnton; many experiments have beef .uccc,.fn-
y uled, coming very near. yet fading shor OF the
desired result- They have produced nothing ben.-
hcial The Invention whe perfected NAV irgly ,e
said 10 he the Gu mina'ng point OF many exlier-
men :, mt only by the inventor but by many otb.
oss iIe may hav. profted indirectly by the Insuc.
cessiul experiments and failures of uthrr. but IL
gives mem no rlpht to M share OF the he nor Of
the pro1i of the successful inventor II is when
'pe'iia'l9n has been reduced to practice, when eI
il ie'.nI.il IA, i,~u.led ~ discovery and when that
discovery mas been perfected by patient ana contin
ned experiments, when some new COMPOUND, ar,
manuisctuie, or machine has been thu. pruiuteJ
whch 10 useful to thepub'ic that the party makngit
becomes spuDic beneiactor and entitled to patent
"Ahd yet when genius and patient per,eyersnce
have at length succeeded, in spiis Of .u,er. ans
econs, some valuable invention or d;.ro. srv now
Aeidom u II followed by reward Envy rob. him
OF the honor, hiie speculstors swindle,, and nj.
'a,es ROB MN OF the profits. Every unsuccessful
e1perimcnier who did or did or dHi not come very
near making discovery now claims il. Ey",v ON,
VINO can invent an Improvement or yary H.. irm
Chains right to pirate the original di.coyery We
need not summons Morse, or Blanchard, or Wood
won 70 prove tnat this Is the usual history Of eve.
ry great discovcry or invention
"The present case ADDS another chon,er IN mi.
.ong ana UNIFORM history.'-2 Wailacs,I Z. I R.;