The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-10-26
OPINION OF JUDGE GRIER

As write with difficulty can only state the On,
cluslons to which my mind has come after a cnrsr
examination oi this li.se. '
The com laiunnt has exhibited a patrp, Hat,
ajth Of April, 1868. This l. prima faci .yide,ct ~
a good title, and puts on the respondents the bry
den Oi proof that the patent il void or worthless.
nccd not repeat my remarks in the case of Good
year vs, Day u Wal, c. G, Rep; .29.) bat now
adopt them as ailordini; rule o decision Which o
plies clearly TO the present case. ~
As the Infringement of the patent is admitted
the only question will he to the validity of ,r
plfudnts phtont OF April -, ls5S
Il was Sii,r Speculate II Ind been reduced IN
practice and ait'r repeated experiments 'L,f tb,
complainant succeeded III over coming the pr,,iud'
and ignorance of the people on the subject a,.g
persutdng the public tha. his invention INA. M. f.
att he ad established its great utility ana ,.is
aud when his genius and patient perseverance. in
spite o sncef- anu SCOTS, were comDctelv sre
ce siul, that Reed, who had before n,i d, eS,cr
ments on he same subject and was uu.uoc,t.,ri
ana alter purchasing one or more complainant. tnr
pcloes, he applied ON the LIST of Noytn,ber isl-
Tor a patcnt for substantially the same cou,bns
ons Vi devices and machine con aimed IN c,n,,a,
ant patent; On the 18th of the anne ,t,nnfh H.
le-poLhehts formed ihe'nse We, into q Company or
cor Grafton called ''l he need Iorl edo Irnitsp,'
! the purpose of pfatiug ,he complainant f. in,
Nentlon ana supporting the eXprnsee OF hti,-,tinn
and thus deiraud him ofthe fruits They have peT
served. even after the prclIma.y iuiunr.i -
properly granted by ii, district Jude: w.!
Let degree be enter'd for com, lainni for a nay
petual mum cilor; and Master. up,ointc 10 iaLe
''i' "O~""ht dV,oiulhSy 10 the payer. of the,hill
H. L. GkIEk, Jucgs.
NoTE,-Thc passage referred TO bv .Jud,e Crier +,
M iormer decis on, Wallace, p. 800 adopted ss
aiplcahie to this case was as follows:
~ l. usually the case, when any valuable di..,,y
cry Is made, or any new machine of great n,ii,,. i
u'ehieu' tl'nt altention of the public has lem
NV 70 li''' SUBJECT previously, and that many
persons INc "a, Deen making researches and experi.
meuts. Philosophers ana mcchanicians NAV ff,r.
u some m ASSURE anticipated IN their sprcnln,,n,s
shc possibility or probability of such discover, mr.
INVENTION; many experiments have beer. sucres. .r,i.
uIeC' coming very near. vet falling short ui the
ue'Ieu result Ility have produced nothing benz .
hcni The Invention whe perfected may frulv -, o.
said to be the eliminating toint of monv ay,;!e-,
men :, not uhly ythc inventor. but by many nth
OTIS re may nav, proited indirectly hy In. psur-
ce-SIu' experiments and failures of others but IL
s''os 'uel 40 risit 10 clam share OF the honor OF
'le pI'ut ol iie successful inventor II i. when
speculation has been reduced 10 practice wien ,y
pertinent ha- resulted III discovery and when ,lo,
li-voNcry ma, been perfected by patient ana cont.
ueu experiments, when some new command nrt
n.nul,c,nre: or machine has been TIM. PRODUCT
, N 70 plDlic,that the party makingu
ooihC5 "puniic bcnelactOr and entitled TO a ta,ert
Anu yet when genius and paii, nj per.cyeror.-
"iNc NJ iehsth succeeded. in spi.. of sn.,rs .,d
-cons, some valuable invention or Cisco,ery b"y,
seldom Is IL followed hy reward Envy roLs Hin,
=, tle hohor WINE spccnators, swiudleis and nj.
rates ROD MN OF the profits. Every ur.rrra. III
exl'eimenter who did or did or did no, con-, ,
near hhaklhga discovery now claims H. Fyrrv m
VINO can invent an Improvement or ynry lis firm
r.,i,s a snl 10 pirate the original discovery We
neei MOI summons Morse, or Blanchard, or Wood
w. ~ tma' ms Is the usual history Of eve.
ry gielt discovery or invention
"Iheprcaent case ADDS another chontor 30 ,i,;,
.ohs ana UNIFORM history.'-2 Wallaces o. 4, ne1
ports p. 292 ~ ''s