The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-10-28
OPINION OF JUDGE GRIEbr

As write with difficulty can only state III, -.
clusions to which my mind has come after A. ss.g
examination of this case.
The complainant has exhibited a poter, A.,
25th Of April, 1865. This il prima faci,. ,yid,.
good title, and puts on the respondents N, y.
den of proof that the patent is void or worthls..
! need not repeat my remarks in the case az a.
year vs.. Day q Wall, c. G. Rep: 2.gl bu, ~
adopt them as aiording rule OF decisiou vb;,b y
plies clearly to the present case.
As the infringement Of the patent IL almi,s.
the only question will be as to the yalidlt, oS co,
painans patent of April p, 1855. W
II was after speculation had been reduced n
practice. and after repeated experiment, ih,i "A,
complainant succeeded in over cuming the nr,5rs-.
and ignorance of the people on the ,ubri IA
persuading the public THAI his invention AVA, hi, \,
aft lie had established it, great utility ana X,i,l
and when his genius and patient per-eypr,rr- 4
spite sneers ,nd scoff-,' were eomplrt.i, ri
oessiul that Reed, who had before ma de eI,s,
ments ON The same subject. and was unsueo,ss
and after burcha,ing one ur more comm laip,u,.,
pe1oes, he applr ON the lst of Noven.ber ls-
tor pate,tfo for substantially the sam. couSr,l
ons OF devices and machine con aimed In coabl,
ants patent; On the 18th Of the same nlonb u
respondents formed then-e ives into A cou,p.n, Il
Cor grafton called he heed Tor, edo CdmIat,
the purpose Of p rating the com pllinnr,, 4
vention, and supporting the exp-rsee OF itiar.
aud tnus deiraud him of the fruits They hA. -
served, even after the prelimaiy iniuncti-u n IA
properly granted by Il, 4i-iricr judge:
Let degree be cnler'd for COM ain,, fo,,,.
petual mum ciiop; and Master, appoinie hid
an account accordingly 10 the payer uf the;h
H. q. GMEk, Jup
NoTE.-The passage referred TO bv judge Gts,r
Ills former decis ION, Wallace, D. 300 adored Y
app icabe to this case was IA follows:
1T Is usually the case, when any valuable d.,
cry Ii made or any new machine Of rr.at u,iin Il
"A # VI
Iurnod to that subject previously, and that ri
persons have been making researches and eI,.
ments Philosophers anu niechaniciaus NAV = |
VI some masure anticipated in their sp.cu str
ale POSSIBILITY or propabillty of such dscoseu |
INVENTION; many experiments have teeI .uccet
y tiled, coming Very near. yet falling short d
desired result. They have produced nothing 4, L
hral The invention whe' perfected may trgr
said to be the culminating point OF many ers{
nleh :, mot ohv by the inventor. hut by may II
ors iie may hav, proited indirectly by The h.
ce-sfu experiments and failures of thers, br |
gives mem no right to cam share OF the hC,g
the pront OF The successful inventor II /, "a
spe sulation has been reduced to practice We'd
pertinent fa- resulted IN discovery and whel u
discovery hR> been perfected hy patient ana o,,iI
ued experiments when some new cnpipourd 4,
manufacture, or machine has been thn. trt1ts
which Is useu 10 the public, hat the paity ni-sHj
becomes apubic bCnrlnctor and entitled io A tsA'
ana yet when genius and pati nj pcrser,ntcy
nave at length succeeded, in spi'e of sp,.f. hd|
-coffs, some valuable invention or disro.er, h0T'
seldom is il followed by reward Envy rob. ls
Of the honor, While specultiors, swlndle's and y
fatrs rob him Of the profits. Fyery Unsu,cssi
eAperlmenler WHO did or did or did not come Y !
near making discovery now claims it Ever
VINO can invent an Improvement or vary il. Ia
claims right 10 pirate the original discover
need not summons Morse. or blanchard or WI
worth to prove that this is the usual history Of
ry great discovery or invention.
a. nj art Il y
long and uniform history."-2 Wallace. c. 1 N
ports p. 292