The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-22
2 OPINION OF JUDGE GRIER

As write with difficulty can only state the con
illusions to which my mind has come after careiu.
examination OF this case.
The complainant has exhibited a patent dated
25th Of April lo6. This Is prima facie evidence OF
4 good title, and puts on the respondents the bur
den Of proof that the patent is void or worthless.
need not repeat my remarks in the case of Good
year W. Day l2 Wall, G. c. Rep; 2.g,) but now
adopt them aiiordiug rule ol decision which ap
pics clearly to the present case.
As the infringement of the patent Is admitted,
the only question will be us to the validity Of com
plainanis patent Of April ~, ISIS.
II was after speculation had been reduced 10
:actice. and aft,r repeated experiments that IN
complainant succeeded in over comiI = the prejudice
and ignorance of the people OIL the sublctt, AMI
rer- uading the public that his invention wds us,in
aft, he had established its great u ty AMI value
spite o sneers aud scoilr, wer. completely sue
&c. sfu, that lteed who had before IL. d. expert
ip.nts ON The same sub ject and WAS ut-Ucc estu,
and after purchasing one or more cumpaiuaut- tor
pedoes, he app,d TN the lsi Of Novcnbel, 1857.
Tor 4 patei t .or substantially the me combna
ops Of devices and inachine cun nah I IN complain
ants patent; On the 18th Of tie same monlh the
respondents formed the,n-e vc- ~ . conf or
cor Grafton called ''lhe he. To- do Go" an',
r the purpose Of pra ~ The ,"mpl,iuN ; IN
ventiOn, and supporting ,ie eXpe' SIC OF III -"iion'
and thus Ccfraud hun vi the iuiIs. Trey have per
served, even after the plel.mary inj-ActiOn veiy
properly granted by Tic isIiicr judge;
Let degree be enter'd for conf ainai for per
petual injun ctiou; and - Master appointe to take
an account ac, o dingy 10 the payer of The. bill.
Il. L. GluEk, IuGgs.
NOTE The passage referred to by Judge Grer in
his former decision, Wallace, p. 29o. adopted US
applicable to this case was us follows:
'It il usually the case, when any valuable d'scov-
cry is MADE, or any new machine of sreat lr'ih'y IL
invented, that theateNtion OF the public has l~'L
turned to that subject previously. and that RAJ
persons have been making researches aud expert
ments Philosophers ana mechanicaiis may lNt
| III some III, Assure anticipated in their specuatoh7
:ne possibility ar probability of such discovery OF
invention; many experiments lave brei. successful.
ly tiled, comm. vell near. YET ining short ui the
desired result. They have produced nothing benz
| tica The Invention wlleI perfected may Uu! y
| said to he the eliminating point vi MANY e%fer
men =, not only by the ihycutor. hut by man! ulh'
Ors. lie may hay. proitei indirectly bv the lineuo
ce-scn experiments and failures of others hut u
givss them right to ca m share OF he h"hot u
| tie profit of the successful inventor II j. Wheh
speculation hns been reduced TO practice, vixen eA :
| pertinent ha. resulted in discovery and when 'iat
discovery has been perfected by patient ana coh'n
| ued experiments, when some new compound, III I
manufacture, or machine has been thus pfvducet
which is useful to the public that the party making
becomes apubic beu, factor and entitleGto patent
sand yet when genius AID patti nj peise' ef'ile,'
have at length succeeded, in spite OF sn'eis hhu M
SCOTS, some valuable Invention or disco'ely, nov
| seldom Is il followed by reward Envy tobs hi'h
| of the honor, hile speculafOrs swinde.s, and y,
| rates rob him Of the pioIts. Every uieucce.s'u, @
| sxrerimei,er er who did or did or did not come N'iy
| near making discovery now claims II. f.er! un'
| who can invent mn Improvement or vary Jus "u' u
claims right 10 pirale the original discovery, w
| need not summons Morse, or Blanchard or Moou
worth to prove that this is the usual history oil eve
| ry great discovery or invention. ,.
| "Ihc pres -ent case aOls another cnap'cr !" '"'
long and uniform history ."-2 Wailaces T. 10
ports p. p" ...