The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-18
OPINION oF JUDGE GRIEF

As write with diill.ulty | can ou,.-s,a,. IL.
ciu-ions 10 which my mind hus com, nripr a w,
examination of this case "~a
Inc com, ,lainant has exhibited a naten, A..
-''h oi April, lso1. This Is prima fice eyids,-.
Sooi title, anu puts on the rrsponden,s rIn
dcil OF proof that the patent Il VOID ur ,or,,.
need not repeat my icmarks I'm the oa..o,s
year w. Day e. Wall, &. &. Rep; .%,I I'M,
adopt them u aiording rule oi decision sI.,t
plies clearly 10 tue piessnt case.
As the hlGing'incn OF the patent I, Admit.
the only Question will be rs To the validity al
pialnanIs patent oi april 2J.lsjs. " wy
II was after speculation had been rduc,a J..
p!actce. and Mi,r repeated experiments. ,b,t ,s|
eoilpl"ihini -Gecceceu III over cumit = H., nriri
and ishoiance OF the people ON ih. .phiti II
rrT,ui"ihe the punlic tlgl, his invention MAJ
AT lie iiad established its great utility and \,
anu s!i, wien MS genius and p"ilcnt Perseverance,
spite o sreers 'uu scoh., were romp,i,ly ,,l
ce sui, that Reed, whu had before m de- eY,sI
niruts On Inc same subject and was nn.ncc a.
aud ALTER burchas.ng one or more complaipaui. #
peioes, Ec appli u on the 1t of November III
ior pheht ior substantially the zane co,pli,l
tons Oi oev'c,s and niachine contained in eumyh,I
ants patent; On the 18th of the sane mopih N
respondents formed theu-e Ives into comuln, 4
cor. Grafton called al he ke,d ToryedO Comprt
l The purpose OF p ratln. the cuinplainai;.
vention, and supporting the expensee ol l,icl,.e
sad tnus deifaud him vi the fruits They have Dsl
sciNed, even af'er the pre!,iaty injuuc,.n "a
properly granted by ii. .,i-tricf Judge:
Let degree be cnter,'d for com, lninIr for nj
petns' injunctior; AID - Master, upp,inie 10 N!
al account ~, lldlr. 10 the payer Ofihe.hl
h 1. GItlEk, Jais'
.NorE.-The passage referred TO by Judge Gie, /
MS ioriner decision, Wallace, D. 100 adopted 4
applicable to this case was rs follows:
1T il Usually the case, when any valuable di.tuv
cry IL made, or any new machine Of great uiiiv
invented. that tue attention of the public has be-.
turned to that subject previously, and that mai,
persons have been making researches uhd elptrp
ueuts. Philosophers anu mec,Ianicais nay la,.
~ some measure anticipated In their spycuat0l,
.hc pos-io ity or pr, ,,ip,,ty of -lirh d'.c'e! D:
Invention; many ex Icrincnt~ have bret ,ucct,.!l'
~ uiec, coming very near. yet falling slOf d i.'
cesircd result. They have pruduCcd nothing lsac
ucial. The invcnlion whei perfected may tn! 4
said TO be the culiniuaii'T point OF uaAy cSltf'
mon s. not only bS fhc iu.en!Or. hut by many 90
ur-. II 1muy have pioiiled indirectly by The gu'.
ce'-iul experiments and failures OF uiher'. hl
gives them no right 10 ca IN u share OF the LcnI'
the profit OF the successful inventor II l. y
spec ulatiOn has been reduced to practice When y
pertinent has resulted in discovery and whr4! va
discovery has been perfected hy patient ana eOn'h
ucd experiments, when some new compound, ar
manufacture, or machine has been thu pudlee
which is usciulto the public that the party nri.i.
becomes apublic bcnrfactUr and cnlitedioa ls'Itl'
"And yet when genius aud pti,ur per'eyr7ilo
have nt length succeeded, in spite of s'rr' 'n
SCOTS, some valuable invention ur ciscoe'y, GN
seldom j. II iOllowe. by reward Envy rolls w
OF tue iionur, while specuatois swindes aff p
rates rob him of the profits Every unsut ;e'''.
experimcnIer who did or did or did 10, come Wy
near making discovery now claims ii. Ever. u-
who can invent All improvement or vary It's iW,l
claims right to pirae the original GiscU'ers, W
need not summons Morse, or Blanchard. or nvs
worth to pray. that this il the usual history ei e''
ry great discovery or invention.
"ihe present case Aods another chapter 10 ~ ~
long and uniform history.'-2 Wallace, T. ~
ports p. ""