The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-01-11
nom ------om IoRPED0 (
TORPE EDOES'
THE RUBERTs
PETROLEUM TraYRpu 10
Office Mt the
RED PLANING MILL.
Cor er OF pine ana Second s,...,.
Near the Ra,iroaaJ
TITUsv1LLE, PA.
e. OPINION OF:JuDGEnGRlER

& OPINION oF:JuDGElGMER
As write with difficulty can only stat. III. -.
clusions To which m. mina has come after c.,s
examination OF this CAse. "t
The com .lainant has exhibited q naten, A.
18th of April, 1850 This is prlna facie eyd.r..
u good title, and puts on the respondents fhs ~.
den ci proof that the patrpt Is void or worthl...
need not repeat my remarks in the case Of a.,
year ". Dal u Wall, &. c. Rep; 22y.I h,t w.
adopt them as ailording rule oi decision Iieb ~
pics clearly to the pi esent case.
As the infringement Of the patent 10 sdmht.,
the on!! question Will be as to the validity Of cos
plananIs patent OF april 2J,lS5s
II was after speculate u had been reduced T..
practice and after repeated experim. nts, ih., NV
complainant succeeded IN over coming The nr,irs'.J
and .gi.o. ancc If the people cn The sulsrtt M
rurs uA4ing tue public tia his Invention ~ M. 4"
and when his eenius and p t;eut perseyerspc, in
spite U -users NJ scoif-, were ,ompl,iry N.
cc siu, that X, ed, who had before made ernsn.
ncnts on he same subject and was unsucc, ,,iul
and alter bnrcha'ins "ne er more complainant, tsl
pc-ces, he appi-d on 4 e LIST Of Noyeu. Ser. ly6;
Tor patent for substantially the .sme coubii,.
uus of devices and nnchiLe con aimed in euuula,r
ants patent; On the 18th of tie Ian,e moplh d,
respondents formed themselves INTO COMPANY N
cor Grafton called .'lhs herd 1orpedu lupt an, 4
the purpose Of printing the complainant II
'cntion' and supporting the sxpensee Of litigation.
and u Us Gefraud INN of the huits They nsys p,.
served even amer :ile pre.nsry injuncti. 4 VEN
prop. ~ GRANTED by til is tict Judge:
Loi :. Gextes be enter,6 fUs conf lapa, f2r 4 ns,
petHJ .nJunclioD: and Master, appoiu,e " ~.
al aceouns ~, uidinyy TO ,he payer Of ths,sll
y. {. GKlEk, .Juecs
NorE The passage referred TO bv Judge Grisr h
his former drci- on, 3 Wallace, p. 2s9. sdopied v
app cahle to this case was a. follows:
SIT Is usually the case, when any valuable dlseev.
cry is made, or aSy new machine Of great uliiiy 10
invented, that the attention of the public hs, bar
turned 20 that subject previously, and that sNy
persons have hsen making researches and eypsr.
ments. PHILOSOPHERS ami mschapicians may have
N some IN, aslIrG anticipated In uisir speculation.
.ac possibility Or probability Of surh discovery OF
inventions; many departments have hesL successfu.
~ tiled, coiniug very near. yet falling short VI tue
desired result. They have produced nothing beue'
Hclai The invention whei. perfected may truly -
said to be the culm, aaiing point OF manr eIpa'
men =, not only b. the inventor. hut BY many Oh.
ors. lie may havs p-ofted indirectly by the unsue.
cs1siul experiments and iaiuses OF Othsfs, but II.
gives hem no rjgt to Ga III share oil the ht nor Ct
TIE profit OF the successful inventor It 10 whel
speculation has been reduced ~ practice, when ei'
peyim.It la resulted In discovery and when that
discovery has been perfected Oy patient sud contn'
ued experiments. when some new compound, Ts
manufacture. or machine EsS been thu, produced
which is useful to the public that the parry makink
becomes apulNi" srneinctuT and entitlet!o pa,ent
sand yet hea cniu- mud patti, nj perseverance,
have at ieng l. ~ :ceedcd, In spite OF M' srs ana
scoiIs, slnlcN .u.ble invention or o.1cssry, how
seldom is i followed BY reward Envy iobs bin
Of the honor. whiie speculafors, sw'ndeiS and r.
rates rob him of the plodis. Every unsucee'sul
exl,erini'ut-r who did or did or diu not come VT!
near making discovery now clsim. II. livery ohs
who San invent All impr' vcneIt or vary its luim.
claims right 10 Iira'e the original ciscJvT! w
n, ID not -ummo.is or.c, or Blanchard. or hooe
worth to prove that this is the usual history Of eve
r. great discovery or invention. y ..,.
".he present case aods another chapter to tnis
long ana Uniform histsry " silacs,l 6. Y 10,
ports y. ~