The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-26
OPINION OF JUDGE GRlER

As write with'dihlcuty can only state the con
clusions 10 whch my mind has come after A car,in
examination of this case.
The complainant has exhibited a patent dated
18th OF April lst5. This Is prna facr evidence OF
good title and puts on The Respondents the bur
den Of proof that the patent Is void or worthless
neco not repeat my remarks inthe case Of Good
year v: Day t2 Wall, G. &. Rep 229,) but now
adopt them as aiiording arule oi decision which au
plies clearly TO the present. case.
As the infringement Of the patent Is admitted
the only Question will bs us to the validity Of com
plainnn'1 patent of April -, 1858.
ii was after speculation had been reduced 10
p-icticc' and after repeated eyperiments that the
complainant succeeded in over coming the prejudice
and ignoTeuee OF the people ON the subject and
r.rsuading the public that his invention wss ustia
after he had established its great utility end yalue
and when his genius and patient perseye etaice, IN
spite o sneers and scotf-, were completely .uei
cc-sul, that Reed, VINO had before made exrer.
menis on the same subject and was uu.uccresiu
and after purchasing one more umpainant'. to,
pedoes, he applied ON the LIST Of \ oveil sr lsg,,
Tor patent FOR substantially ,he same combra.
oIs of devices and machine contained in Complain
anti patent; On The 10th of the same rn0nth tie
respondents formed the,nse Ives into a co-uany or
cor Grafton called "Ihs heed TORPEDO Cu,npauyl
ir the purpose Of plratlrg the copplt mani In
vention, and supporting the expensee u litigation
and tnus deirand him OF the irliits They have peI.
seived, even after the prelmary inj1uctiun yeIJ
properly granted by tie district Judpe
Let degree be Cnierud for comI lainaI I for ner
Petoai iuJui ctioh' uhu Master, uppointe ~ aAe
aii account ar,oIoing 10 the payer Of the. hit -
H. G. GklEk, Jaogs,
Nors-The passage referred TO ~ Judge Grier in
his former decision, Wallace, p. 900, adopted us
app icabie to this case was as follows:
"lt IA usually the case, when any valuable dscov
cry Ia made, or any new machine Of great Utility II
Invented that the attention of the public has bed
turned to that subject Previously, and that maiy
persons have been making researches and cxp.
menis Philosophers ana mechaniciaus may have
III some measure anticipated in their speci'ation-
.he possibility or probability Of sroI. discovery OF
invention; many experiments have been successful.
~ uied coming very near. yet falling short Of the
desired result. They have produced nothing benz.
hclai. The Invention When perfected may lrlly
said to he the eliminating point OF many eSfer.
men =, not only by the inventor. but by many 9th.
ora. tie may lave protifed indirectly by the unsuc
ce-s'nl experiments and failures of Others, but l.
gives them no right to clam share OF the honor Of
TIE profit of the successful inventor 1t is when
speculation has heen reduced TO practice, when eA.
pertinent ha- resulted in disco cry ana when tlas
discovery has been perfected patient ana eoIiin
ued experiments, when some new compound, az
manufacture, or machine has benn thus prOtnc IL
which is useful to the public, that the party Hakng.
becomes public b,ncfactor and entitled to patent
"And yet when genius and paiieut pcrsCverailc.
have ut length succeeded, in spite of sn,cr rri
-coffs, some valuable invention or Cisco"ery, how
seldom Is il followed by reward Envy rob, hin
OF the honor, whiie spectators, sv-illles, and pl
faies rob him OF the profits. Every unsucces'iu.
experimenter who did Or did or did not come ye!
near making discovery now claims it, Every ons
who can invent All improvement or vary its form
claims right TO pirate the original discovery. We
need not summons Morse, or Blanchard Or Wood
worth to prove that this IL the usual history Of eve
ry great discovery or invention
1.-THE present case aCds another chapter 10 ths
long and uniform history.'-2 Wallacs,S e. 10
ports y. 292.