The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-24
OPINION OF JUDGE GREER

As write with ii Acu;ty can only state the con
cusious To which my mind Ia, cuule after carcil
examination OF this case.
The com lU.uaht !..s eNsiihlct patent dated
.itu OF April. tSio. ILis l. pr,l lcic evidence OF
a LooG title. au puts ou the t.sp.ndent- the bur
den of proof tuai tie paieht l. 'o'd or worimrss.
iieeu not oy.4i NY ieHnfks III i.!c case oi t,uod.
wear ". ia, CIV ii. G. &. Nep; ~ bat NOV
adopt thcm aaolding rule % decision " ic aij.
plie- C!ea iy to tAU y e-oili case.
AS the lnirlHse,ncrt oi the patent is admitted,
the oN tl, -tluu viii he as 10 the N.!!d ~ ul con,
plaii.gntS ,.ateit oi Npii =, lsJS.
alt Wa after speculation hId been reduced to
practice and ahcr repeated experiments, that the
complainant -acc,-'cl in uvcrUhnln- he pi,juGcc
aud iguufGncc of tue people IN Tie subject, and
ppr-utu!ug itt public that hi- inNchtun w- u-eni (;
uttel he had established II, great U,it, and ytiur
aud when his Erii n anG lHitnt Perseverance, N
spite % el 'cr- anL sCOH-, HvIc luHpiultly sIc-
ces-iul, tia, l;eed, who tad pc!Urc made eNls.i-
nlcnis on the same sUuicct, and was uilsucce--tu
nIA guoi that he had the best i-hI t. Tie iuicnun
Al q alter purCh.tli; one nlur, Cou palluiIt tnr
pedoes he applied on the i-t Of November, lst;,
for Il patent Tor Substantially the same comNiua
tiou- .! devices aud aChinc contained in conn ain
ants patent. On the 10th OF the same month Ia,
Respondents t1rmed ,h-iu-olye. into - ConlDrny o.
COZ ,IUr. ion called THE Reeu iulpedp COMPANY,
for The purpose OF piratm9 the comp an.lIs in
ventio.., anal supp rain: the expense ui iittuu
AID thus deliaud hin Ui the irnts. Tho. have p,.
severed, even after the preliminary il,Gnclion very
property g.,nlr! h> the D!s',iet Judge
Lex 2 decree Ne entered furtuInpiundnt for q per
petuaI Injunction, and ."st,r uFpuihied 20 take
IN accoun, according to the prayer OF tine bill
l.. {. b.iEh, Judge
NorE The passage referred to bv judge Gricr il
his fur.n,r decision, 3 Wallace, p 2gJ adopted as
app icabe to this case was u- tuliuN-
at is usually the case, w"G any valuable di.cov.
cry IL wade or any new mac u- of yrrgt III ii, /.
invented. that tlca'tentoh ct the pablo has been
turned to thur subject previously. and thai ma,
perso.,- rave BEEN making researches and ey,r ri
ments. Philosophers ana msclnniciaIs may nav,
III some N a-,irc anticipated in their 50. cllatiors
1,e Dus-biiity or probability Of such discovery ui
inventions: many experiments nave b, successful
ly led, coAing very near yet falling shurt ut the
desired result They have produced nu.hing btuc.
fc.al The iuveaiun w'iei perfected may Iu.iy be
lid to be the eliminating pn,ut ~ many ~ ,ei
men = mt on b. the inventor, hut by uaiy 9th.
ur- tie may hay, rrn.ted Indirectly b, the IN sue
ce--fu experiments and failures of OILERS. but
give, them ho right 10 cam share iC ht nor ui
the pro.il of the successful inventor II is when
specua IN hns been reGlccd 10 practice, VIXEN eX.
pertinent la resltcG in discovery and when THAI
discovery has bc.n perfected by patient ana coniin
IIed experiments when sOine new compound art
or machine ha- been ibl,- prudncrd
which is useful to thcpublic that the parry inakn
becomes apublic bcreflctor and entitled to paient
"And yet when genius and patient perscver.,nc
have at length succeeded, in spite at -l.crs AM
scoifs some valuable Invention or Cisco ery, how
seldom IS IL followed hy reward Euvy lab4 lin
OF tue honor v !'c spcculHurs, swiLdlc =, and pi-
rates rob him of the profits Every ur,snccc-siul
ex,crmenter vino did or d.i or lid hot come YER,
near making discovery now claims H. Every ona
who can invent AN imTrtN NcinCGt or vary its form,
claims u right u piTn e the original discovery We
need not summons % SO, o. PllnchaId or Wood.
worth TO prove that this Is the Usual history OF eve
~ great discovery or invention.
"l'he present case acI- another chnDicr to this
long ana uniform history - Wallace, Z. q a.-
ports =. w