The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-05
OPINION OF JUDGE 0RIER


clusions to which my mind has come after careful
The complainant has exhibited patent dated
sOod tsls snd % pu.. On o. the respondents the bur
'isu Of proof that the patent 70 void or worthless
/ need not repeat my remarks in the case Of Good.
ysar "a Day wall, .. 9; RsE Hs,l but St,t now
piles clearly to the present cAse.
A. the inftinssment Of the patent !: admitted,
the ony question w b: g e sss validity Of com
II was after speculation had been reduced to
practice" and after repeated experiments that tn
Complainant succeeded In over coming the prejudice
persualing the public that his invention was usrfu
after he had established Its great utility and valne
and 'when his genius and patient perseverance,, In
% ss.siui, that Resd, who had before made expert.
lnents on The same subjecs and was ursuc ceesful,
and after purchasing one OF mofe compainsut's tor
pSi0ss, h. ppSS M q esIbSs
tons VI devic,s aiA machine contained IN complain,
aut's patent; On the 18th Of the game month the
respondents formed shsnss vss y INTO e0%pany Yr
fJr the purpose Of printing Che complainant in
ventiOn, and supporting the expensse Of tigation,
and thus dsffaua hun of the ftaite They have per.
properly grsuted by Il. t,isticf Judge:
Let degree be enterd for CONF lainart for o per
pstual injuncti0p; aud MASTER, app0nte t0'take
al account aevoidingy 70 'hs payM ,T q shesbiil;
Nor-The passage referred 70 bv Judge Grier In
his former decision, y Wallace, p 2es. adopted as
app icabis 70 this case was follows:
"lt Ia usually the case, when my valuable dlscov
cry 10 made or any new machine Of great utility lie
inv,uted that siiealtentivn of the public has beer
turned 20 that subject previously, and that many
I,strOas have been making researches and expert.
,hsnts. PHILOSOPHERS ana nscihnicians may hsve
IN sois asure anticipated in their speculati0ns
the pssibiity or probability Of such discovery OF
Invention; many experiments have beeL successful.
ly nie, coming very near yet falling short OF the
deaired result. They have produced nothing bene.
said 70 be the culminating. p0int of many expert.
mon Q, H. only BY tile Inventor. but by many 9th
0rs lie may have prOtlte1 Indirectly by the unsuc.
cessfal cxpsHmensand failures Of Others, but II
gives them right to IN share OF the honor Of
the pr0dt OF the suvcossfIl inventor 1t IL when
speculation has been reduced to practice, when ex.
perrin nt ha- resulted discovery and when that
DISCOVERY has bsea perfected by patient ana contn
usd experiments, whea sume new compound, art
manufacture, Or machine has been thur produced
which ID useful to the niblic that the party making II
bseOuies apublic bentactOr and entitled to patent
"And yet when genius and patient perseverance
have " length succeeded, In spite Of sneers and
seldom In II followed by reward Envy robs him
Of the honor while speculAt0rs, swindlers and pi.
rates rob him Of the profits. Every unsuccessiui
exkerimentsr who did or did or did not come very
near making discOvery now claims 1t. Every one
who can invent IN Improvement vary its form,
clatms right to pirate the original discovmy: We
neHd not summons Morse. or blanchard, or Wood
Hy great diScOvery Or invention. D..
"The present case adds another chapter to THU
long and uniform history.'-2 Wallace, Z. 4 Ks
potts ?. "