The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-29
.aOPINloN oy:JuDGI o1R,'

80 WiibN Wtba I CAu Odly otlta n
clusions to which my mind hss cor, ai,r
examination Of this case.
The oUmp plainant has exhibited q ps,,,
18th Of April, 1865. This Il prina fade eyp,1
n good title, and puts on the respondents M
den of proof that the patent 10 void or wsr,tj
need NOT repeat my tsulArks in the cas. ofsl
year VI. Da, u Wall, z. Z. Rsp; 2.SJ h, !
adopt them rs aiiording rule Of dsci,iup ,.l
pics clearly to the present case.
As the infringement of the patent 10 sauly
the onl! question will bs ~ to tue ,slidity n
plainans patent OF April -, ls5S.
ii WAS after speculation bad been rtu;sl
practice and afI'r repeated eIperiueri. N
complainant succeeded in over coming the p,rJ
and ignoiarce Of the people Oh the sublel
r.rsuaiing the public thu his invention wv
aft he had established its great utility and
and when his genius and prtlent psus,efxd
spite -Ieers anu scOfis, were eenDltld |
cc' siul. ihnt Reed, whu had before p,sde =
ments ON lie same subject xAd was unsse3
and alter hurchll-ing one Ur more cUmp,stsrl
peIuss, he appii' On tie lst VI Nov.pls :
tor II patei for substantially the ssm. cssl
uns ui devices and niachiue con aimed u eye;
ants pGtcnt; On The 18th u the ssme roaiI
Respondents formed thepss ivse into c0nprX
cor Grafton called 81 h. he'd TORPEDO (tr@
the purposo uf platiIg the con- plaile
ventlon, a,d supporting tue sxpsnsee Of Il. ri
aud tLus delraud him OF the fluiu. They hs|
served, even amer the prei.mary injsLeti.i |
propcrl. grsItod by tie .i,lrici Judge:
Let II degree be rnier'd for couI lsinai is :
Ietual injun r,ior; aud Master. appnlx VI
IN account ~, Vi oiry ~ ihe payer ufthSh
X. Z. GklER, 1s@
NorE The passage referred 10 bv judy Gh(
his former d.cis' ON. s Wallace, p No. sdops
app icabie 80 thir case was ~ follows
sit IA usually the case, when any valuable Y
cry IL made, or any hew nlAchins Of great ui 4
invented. that tie sltenlion Of the public hu
turned to that subject previously, aud ia, |
persons have bs, n making researches asd q
meuts. Philosophers and msehanicsns nli!
N some IN, aslIre anticipated In their spees :
ile possibility or probability Of sueh diss@sl
lnvcntlDu; many experiments liass been suecs
ly tiied, coming very near. yet falling shoH II
desired result. They have produced nolhls
ficlal The inveiIliOn Whsi perfected may ~
said TO be the eliminating point OF manv
men =, not on by the inventor. hut BY mh.I
ors. lie may hav. proiited indirectly by lh,
ce--ful experiments and failures Of other.
give, them no right TO clam share oil The
the profit OF III. successfdl inventor ~
speculation has bsua reduced u practice, IN
pertinent ha- resulted In discovery and via
discovery ha. boen perfected by patient aad \
| ued experiments, when soine new conpelsiI
manuinctuis, or machine has been thu Pte9,
which is useful to the public, that the party nAl
becomes ayublic be1,factor snd cntitlsdlos J.
"And yet when genius and patient ptns'a
have at length succeedrd, IN spite OF 'n'sn
| -co.fs, some valuable Invention or cisco s!,
seldom Is IL followed by reward! Envy Io.s
Of the honor. whine speculsiors, aw'ndlsa ~
rates rob him Of the profits. Every un'ee.'
| exIerimrnicr who did or did or did not con-.
near making u discovery nov claimaU t,'|
who can invent al Improvement or vary vi
| claims right TO pirate the original cSeo'.i|
need not summons Morse, or BlancMia W
worth to prove that this IL the usual his'o3 v
| ry great discovery or invention. b,
1.-The present case aode another enAp' n
long ana uniform history. "ailscsh
ports p. ~