The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-21
OPINION OF JUDGE GRlER.

Z
a, write with IN Guilty can ouiy slate the con
ci- ions 10 which my mind has come after care.ll
examination oi this case.
ihc uOm llin,nt u.s exhibited patent dat d
18th OF April 1913. This l. puma a,r evidence ui
a good ttic nui puts GA the respondents the bur
d,n OF pro II tual ic paten i vn'u or worthless.
ucci uot repeat my len,a.Rs n the of Good
wear " Ia, Il Ntll &. {. Rep; lsg1 but nov
adopt then. us a.uruing rule decision which ap-
PIE, c,a,iy to tlo e--nt case.
Az the iuillugcnCu. ui the pa ent is admit ted,
the only question will be us 70 the validity oi com.
plainail's patent of >pTl q. ls1S.
at was after speculation baG been reduced to
practice AID alter repeated experiments, that the
cuMpniiaAt succeeded III overcoming he prejudice
| and gEoIance Oi the people tie subject, and
pvr-uadlug the public that his invcntion was nsei;
after hc had established Its great utility and value
and when Ills gen IL GnG patient perseverance, in
! spite OF suucr> und sCu!l>, were uoiupetely sic.
ces .lul, Tat need, who had oeiule made expert
menis ON the same subctt, and wis Unsuccessful,
imagined that ne had the bcst tight to tue invention
~ after purchasing one % more Compian nlnt : tor
pedOcs he applied on the list ot November, 1StI,
| iur patent for substantially the same conbina
tons O devices and auhuc coutiined d in sump ain
ants patent. On the 10th ol the same month the
rcspOudeu,> formed themselves into company or
corporation called "Ihc Reed Torpedo Company -
for the purpose of liratins the compartments in
vetiuu, ami aupphrtin- the expense %, litigation,
trd thus deiilud MIN Of the lrults. They have pc.
severed, even after the preliminary Injunction Very
properly @tanieI by the District Judge
let cree be entered for complainant for per
pctGa 'njuncti0l. aid Il Isstcr appointed 10 lake
ali account according 10 the prayer OF the bill
Ii. {. GRlER, Judge.
NorE.-Thc passage referred to by Judge Grier in
his former dec='on, 3 Wallace, p. 293 adopted as
app c,bie to this ease WAS rs follows:
'it is usually the case, when any valuable dscov.
cry il YiuGe any macniDe of great uii ity is
invented, that teiltion of the public has been
turned TO that subject previously, and that MAJ v
l'persous have been making researches and expert.
| meuts. In u-Opners anu niechinicans NAV haye
III some anticipated in their SD citations
| ..c possibility or probability of sueh discovery or
invention: many experiments have beet successful
ly tiled, coming NeIy rear. Yet falling short Of the
! desired result. They have produced nothing bene.
hcal. The inveniUn whe perfected may truly be
sid to be the eliminating poiut OF nany expert
men =, not Ony by the inventor, but by many 9TH.
0r- lie may have prOted indirectly by the lins sc-
ce-sill experiments aud failures of o;her., but il
gives the right to ca IN share OF the he nor of
the proi, of the successful inventor Ii Is when
speculation has heen reduced H. pylCticu, when cy-
pertinent la. resulted IN discovery ani when tnat
discovery has betn perfected Dy patient ana contn.
ued exp priments when some iiew compound. art,
manu-. .CtHre, or machine la. been ihu. produced
wMcn is useful to the public, that the party making il
berJm public bCii factor and c'titled to latent
And YET when genius and patient perseverance
have NJ length succeeded, in ;. .i,c of sneers and
scoiis, some valuable Invention discovery, how
seldom IL 1t followed by reward Envy robs him
Of tie honor. hiie spcculiiors, swindlels and nj
rates rob him of the profits. Every uusucccssiul
near making discuyerynOw claims il. Every ons
who can invent an improvement or vary its form,
claims a right to pirate the original discovery. We
need not summons morse, or Blanchard Or Wood
worth tp prove that this Is the usual history of eve
ry great discovery Or invention
''rhe present case ands another chapter to this
long ana uniform history. ."-2 Wallace, q. Y Re
ports p 292