The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-09
=. a OPINION. OVERWHELMINGLY ygu

r As write with difficulty can only state the con
clusons TO which my mind has come after 4 Careful
examination of this case.
The complainant has exhibited n patent dated
2oth of April, lst5 This is pyma fiCir evidence OF
a good title and pu.s on the respondents the bur
den of proof that the patent is void or worthless
need not repeat my remarks in the of Good
year VS. Day u Wall, G. Z. hep; 2.g,) but now
adopt them as ailordifg rule oi decision which al.
plies clearly to the present case.
As the infringement of the patent 3 admit ted
the only question will be the validity of com
planants patent of April -. 1s5S
~ was after p speculation had been reduced to
complainant succeeded in over coming the prejudice
and ignorance OF the people ON the subject. and
persllading the public thar his Invention us,in
aft, he had established its great utility and yaluo
| and 'when his genius and patient Perseverance, in
spite o. sneers anu scoiis,' Were completely sue
| e-sful, that Heed, VINO had before made experi
ments on The same subject, and unsuc estu
and after Purchasing one or more compainautsto- to-
pelOes, he applied on the 1st of November, 1851
Tor pateutfor substantially the same coubina
tons OF devices ana machine contained in complaint
ants patent; On the 10Th of the same monIh the
Respondents formed tte;nse Ives into company oG
cor. Grafton called 'the kecd Torpedo COMPANY,
for the purpose Of prating the Complainant in
venton, and supporting the expensee OF litigatiOn-
and thus deiraud him of the fruits. They have per
served. even after the prel!mary injuncti~n yery
properly glantcd by tie district Judge:
Let degree be enterod for conf ainaI for n per.
petual injunction: and Master. appcate to tak
an account ac,oidin.y TO the payer Of the.hill
r. G. GiNEk Judge.
NorE.-The PASSAGE referred to by Judge Grier 1,
his former dec,s'on, 3 Wallace, p. 299 adopted AZ
applicable to this case was "a follows:
''1t is usually the case when any valuable dscov-
cry is MADE, or any new machine of great Unity IL
invented, that the attention OF the public has becn
turned 20 that subject previously, and that maIy
persons have been mating researches and experl-
ments. PHILOSOPHERS ana mechanCians may have
IN some MEASURE Anticipated in their specuaiions
..ie possibility or probability of such discovery or
invention; many experiments have been successful
ly tiied, coming Very near. yet falling short " the
desired result. They have produced nothing jenc-
fciai. The invention when perfected may t.uy 'e
said to be the culmnating point OF manv expert
mems, not only by the inventor. hut by many oth-
lie may Law. pronted indirectly by the unsuc-
cessful experiments and failures of Others but IL
gives them right to clam share OF the hcnor Oi
the profit OF the successful inventor II il whca
speculation has been reduced to practice when ex-
pertinent has suited in discovery and whci tlat
discovery has been perfected by patient and contin-
ued experiments, when some new compound, art
manufacture or machine has been thus prodncel
which is useful % the public that he party Inakiugt
becomes apuh. benefaCtor and entitled To patent
Sand yet when genius and patieut perseverance
have at length succeeded, in spite OF sn.eis ana
sUofH, some valuable invention or oisco"eIy, bow
seldom Is il followed by reward Envy robs nm
Of the honor, while spcculators, swindleIs, ana Pr
rates rob him Of the profits. livery UNSUCCESSFUL
experimenter who did or lld or did hot come very
near making discovery now claims il. Every Que
who can invent an Improvement or vary It's lOrm,
need norsummons Morse or Blanchard, or Wood
worth to prove that this s the usual history oi eve
ry great discovery or invention. ,
''l'he present case ADDS another chapter 10 TINS
long and uniform history."-2 W allace,l o. Z Ee
ports p. "