The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-01
OPINION OF JUDGE GRIERy sy Eyu

As write with difficulty can only state the co,
illusions TO which my mind has come after a carei,.
examination OF this case.
The com lainant has exhibited patent Jo,,s
18th OF April, 1865. This is pr ina iacie evidenc, nf
good title, aud puts on the respondents the Inn
den of lrort that the patent is vod worthless.
neel not repeat my remarks in the case of Cont
year W. Da u WALL &. Z. kcp; 2.g) bu, no,v
adopt them as a!ordine rule o decision yslich an
piies clearly 10 ihe present case.
10 the infringement OF thG patent il admit tei
the onl, question will be to the validity of COW,
painanls patent OF April -, 1858.
IL wts after speculation had been r,tuced =,
p'Acucc ana ail' E repeated experiments that the
complainant succeeded in over coming the pr,ndiss
and igho auce of the people on the si5ie,L ana
ucr-udiLg tht puDlic thar his invention AN NJ , IN
Mt lie rad established its great utility and yain,'
ami When hi> genius and patient Perseverance. m
cc,s s'u!, that Il cd, who had before mac exper,
ments OH ne same snbeci. and wis uli-no C. esiui
and after bufclHs IN. one or more comppn,ui'. ,i,
pc4uesi he apihl' d on the lat of Nuvtru b-r ls6t
ior pate tfur substantially the same comhna.
sOns oi uevc,ssnd machine con aimed in COMPLAIN
ant patent; On ne 10Th Of the same nloiih tho
respJndcnts fofmrd thense ives into u company ar
cor grafton called - he kerd Ton edo Company.
r the purpose of p,rating the complainant IN D,
Veh'oh, Hud supporting the eAp-nsee OF ID, igaton.
ald tnus defraud hun Of the ffllts They have ner.
served, even amer the prel.inagy nuucticn tefy
properly granted by Il. district judge:
Let degree be enler"d for CONF lain| for n per.
peiasl inJunction and Master, nppointc to tale
an account ac,oidiug 10 the payer Of thc.biD
r. c. GaEk, Judge.
NorE-rht passage referred to bv Jnd,,t. Gfier In
hi- ioriner aecis On, . " allats, D. 80 ad,pt.u ns
arp lc4hie to this CAS- was a follows:
III l. usually the casc, when any valuable di.coy.
cry l. made or any nw machine Of great utility /.
hventci tiat the attention Of the pubic ha. beer,
'ufntd to thit subject previously and thai -,anv
persons nave De-n mAkinl. researcne. and cxn,ri
ments. Philosophers ma. mechanicisns may nav,
" some ", a>Ir. anticipated in their sI, cnlation.
ie possi liiy or probability Of such discovery or
h'ehlipn' many experiments have been ,uccessful.
" uled, coruS Neiy near. vet falling ,ho,t N, m,
desired result Tuty have produced uothing hen
hcai The Invention whoi' neri.ctcd may fruly -
@Aiu 70 ~ tAc eliminating point OF many experl-
hloH y i"t on ~ thc Inventor. but by many 9th.
oIs iIe may nav. proftef indirectly hy the nsnc.
ce'Siul experiments and iaures of others, but IL
gives lcni no right to ca m a share of the M, nor NJ
the proui Of the successful inventor /, 4. wh.n
'pe anon has been reduced to practice when ex
pertinent ma resulted IN discovery and when mat
discovery ht' been perfected hy pate,l, ana contia.
ueu experiments "Een some new co.ipound art
nytauh.ctuIe or mpeiiine haa been thu. prod..eei
"hch Is useful to the public that the marty innLin il
benoines apubic bcnriactOr and .d In . ,a,ant
"hnu YET when genius and patient prrscyeranre
nave at length Snccs eded, in ,pi,e of sn..rs and
COM, some valuable inve! ton or disco"ery how
seidom Is ii followed by reward Envy rnbs him
VI VI 'le hun2Ii Nhiie Spectators, swindlts and nj
rates ROB hin of the profits. Every un.ucco.. n
eNlermcn'er who did ur did or dia not CONG very
near hiakihg discovery now claims IT, Every ON,
WHO coh invent AN impr uycmeut or ynry its iorm
claims right TO pirale the original Discovery We
heeu not Summons n o'se, or Blanchard ~ Wood
- iose ts' ms i the usual history of eve.
| ry greal discogcry or invcut.on "
"ihe present case acds another chon,ar ,o ,,,.
ports p. 29@ ~ Nea