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

OflNlON OE teDub GNlkb
AZ write with difficulty can ouly state the ca,
illusions tO which my mind has come after earviu
examination Ot this case.
25th Of April, 1855. Ihisis prima facr evidence Ul
good title, aud puts on the respondents the bur
den Of prc"f that the PATENTS void or WORTHLESS.
need not repeat IN! remarks in the care Of Good.
year ~. Day IL Wall, Z. &. Rer 2g,,) but now
adopt them ns aiiUrding rule oi decision LicL 81.
pics clearly to the present Care.
As the Infringement Of the patent 10 admitted,
the only Question will 1e rs to the validity Vi cvn
plainaii's patent Of April 25,ls5S.
Il was after speculation had been reduced to
practise. and after repeated experiments. that u ,
complainant succeeded in over coming the prrludic,
aud i.nol ancc of the people on the subject, AMI
rcrsuauing the public tia, his Invention was us, III
aft he had established its great utility aud VAIN,
and when his genius and patient perseverance,
spite sIerrs lid scotS, were rompltlry ,us
cc.siul, thN Reed, who hud before nude exper-
III, nts OH lie same subject, and was un,ucc' tsr,
and after barcha. I'M. one ur Iiors cumplaliaui. .n'
peIUes, hc appi' lou tie lst of November, lcO,
TOR u pateit for substantially tile sanie comdla.
ons Of tAyc,s and machine contained in eumpai.
ant'e paten,; On the 18th the sate monIh We
10. puhdeuts foimcd then-s Ives into cOmpah' "
cor Grafton called " a. IL" hctd 1ort edU tUnpAr',
the purpose uf pIa,lng the coinplain"il'in in
ycntion, und supporting the expeisee Oi litigation
and tins dciraud him Of the fruits They have yei'
sc,ved, even AFTER the prcl.mary ipjuuetitn i.y
properly granted by ii. i-Iiic Jude;
let IL degree be entered for CONF ainii I for re-.
petual injun elton; and - Master, nppinlc 70 take
III account az, oidiu.y 10 The psyer oi the Mll.
Il. L. Giukk, Jnocs
NOrH-1he pasaage referred to bv Judge Gfie'h
his former decision, Wallace, p. ~. aaop'.d y
app icabie to this case was Ne follows:
"!t L. usually tst ;nsc, wien any 'aiiaoie olseV|
cry IL made, or ANY lew machine of great uliiily
In, tnied that the r.Itention of The psslic has
turned to that subject previously, and that NJ
pef-Ons have been making researches ana eApY
n,euts Philosophers ana niechanicsns ma! ~
III soIne m, a.lIrt anticipated In their speeuato !
.ho possibility or probability Of such discoIeI! o.
invention; many experiments have beel. s'ccv,'la
ly tied coming very near. yet falling shfl " Wv
desired result. They have produced no'hlis o."
| ncini The invention wher perfected ma! uu.
| said to he the Gu eliminating point oi MANY eAfd
men :, not only by the inventor. hu! BY man! "n
or. lie may hav, prOiited t-!rccil, by Inc W.,
| ce>sfn experiments ana falurcs oi "'hti,, "m
give. them no right to cia III share III we n't.
| tie profit of the successful inventor
spe, ulatiCn has been reduced to practice wien
/ pertinent h,,- resulted In discovery and wh'h
| discovery has been perfected by patient aha 'S". ~
| ued experiments, when some new COM a.,
| man iuciur,,o or machine has been 'h'i' Warn
which 1, useful 10 the public, that tIe part! ''ah,
h.snm,s a nIibic bc l,factOr and e.ititltai" paw
| sand vet wlcn genius and patti, nj ptise,u
| have at length -uccecded, in si'.is nl 'n'ns
.coffs, some valuable inventiono Or CISCO tli,
seldom i. /, followed by reward Envy i"U'
of the honor, whiie specunior", swnu,u ,u'ncec ~
| ratr. r,,b him of the profits. Every uituoe'X
sxl,erimcn,xr who did or did or did ho' con.
near making n discovery nov claims II. t.e'i =.
Who can iasvnt an Improvement or ,;n:sy,", ssns @
claims s to pirais TIC original .,% sisSOtrx r xeI
need not sumtsons Morse or balaI;" b' n;.,ory Of 90
worth 70 prove that this Il the usual h'''o'! "
y Nv vrrat discovery or invention; .,,,or IN ~
'.sihc present csse sdds another u chaWt, h
,o,t and uniform history? Wsllacs'i u
ports ,. ~