The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-01
OPINION OF JUDGE eRrEn

AS write with difficulty can only state the con
clusions TO which my mind has corne after careful
examination of this case
The com claimant has exhibited a patent dated
18th OF April, 1866. This is prlma facie evidence OF
a good title, and puts on the respondents the bur
den of proof that the patent is void or worthless.
need not ropeat zen my remarks in the case of Good.
year vs.. Day II Wall, c. e. Rep 2a9,) but NOW
adopt them as alording afue OF decision which ap-
pies clearly to the present case.
AS stnsihtrnsement Of the patent is admit ted,
the only question will be to the validity of com
81 plainanls patent OF April IS, 1858. 81
d. II was after speculation had been reduced to
practice. and after repeated experiments that tn
complainant succeeded in over coming the prejudice
rcrsuaing the public thai lis Invention WIS ,,e, EN-
after he had established its great utility and vain 9
ana when his genins and patient perseverance, in
scssiul, that Reed, VINO had before inade expert
,ll mcnis on the same subject and unsucceesful
and alter purchasing one or more compainnut's tor
peioes, he applied on the 1st of November, 1857,
for paient for substantially the same combna.
Sons Of devices and machine contained in complain
ants patent; On the 10th of the same month the
respondents formed thense Ives into a company or
sor grafton called "Ths Reed TORPEDO Con,panv,
br the purpose of piratiny the couplainsnts in
vention, and supporting the expeusee OF itgaton,
aRd tnus deiraud him OF the fruits They have per-
served, even affer the prel.inary Injunction very
properly granted by tie l!isfrici Judge:
nss @ r drsee be entered ,9r c'mI lanart for per
y r. G. GkIEh .':Hiai. snds,.
tt- ,FoTs-The passage referred to by Judge Gierin
MS former decision, Wallace, p. $50 adopted 'As
aDp lcdbie to this case was rs follows:
~ II usually the case, when ally valuable tiscor
0y Is wade or any new machine Of great utility is
lnvented, that the attention of the public has beer
eurned TO that subject previously, and that MANY
persons nave BEEN making researches and exper
Inents. Philosophers ana nlechancians may have
lnsome measure anticipated in their sDccniaon-
.hc possibility or probability OF such diseovery OF
- invention; many experiments have bpel. successful
~ lyuie1, coming very near. yet falling short OF the
Desired result They have produced nothinr bene.
Neat The Invention when perfected may truly ne
Said TO be the Gu minating point of many exler..
r msn s not Ony ythc Inventor. but by many 9th.
ors lie may hlv. proi,ei Indirectly by the ,nsuc.
eessiu experiments and failures of Others, but il
gives tnem no right to eta M share o. the honor OF
the profit OF the successful inventor IL is when
speculation has been reduced to practice, when ey.
pertinent ila- resulted in discovery and when that
discovery has been perfected by patient ana contn.
usd experiments, When some compound, art
manufacture, or machine has been ihn. produced
which useful TO public that the party inainvi,
becomes apubic benetnctOr and entitled to a a pnt
"and yet when genius and paticut PERSEVERANCE
nave AT length succoeted, in spite of suters and
SCOTS, some valuable invention or dsco-ory how
seldom is il followed by reward Envy robs him
OF the honor, wlile speculatofs swirdlcis and nj.
rates rob him of the profits. Every unsuccessful
sxperimenter who did or did or did iiot conc very
near making discovery now claims it, Every one
who can Invent an improvement or vary its form,
claims a right TO pirae the original discovery We
need not summons Morse, Blanchard or Wood
worth to prove that this Is the usual history of eve
ry great discovery or invention.
"The present ADDS another chapter to this
: n long and uniform history.'-2 Waisce, z. q Re
ports p. "