The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-19
OPINION OF JUDGE GRIER

AS write with difficulty can only state the con
clusions TO which my mind has come after II carrla
examination of this case.
The com llaintut has exhibited u patent dated
25th OF April, 1850 This is prinia ,cv c,rlecr OF
good title, ana puts on the respondents the bur
den of proof that the patent is VOID ur worthless.
l neeu not repeat my remarks IN the ease of Good.
year W. Dag u wall, G. G. Rep; .-9,J hut now
adopt them a.ording rule ol decision which al.
plies clearly TO tHc present case.
As the Infringement of the patent is admitted,
the only question will be US to the validity OF COM
piainsIfs patent OF april -, ls5s.
II WIS after speculation hid been reduced TO
Practice ana ai,r repeated experiments That IA
complainant succeeded IN over CUm = the plti udice
and ignosauce OF TIE people on the subject. AMI
per-uiuiug the puhlic tna lis inVcntion was us,iu
aft he lad established its grcit u,ty anu vaiay
and 'when his genius and p iieit perseverance, II.
spite sueerS mi scul-,' We're completely suc
ce-sill, that Reed, who had before IA d. experi.
mrnts ON HE same subject and was uu-ucc tsul,
and a.ier bugcha-ing one or more compainaut> tor
pc .oe>, he app.id on toe 1T of November, iai,.
tor u pateit for substantial, ihe same ComhiIa.
tons of teyc, and mgchne con an,d In 'cuupla
ant patent; GA me 10Th If .he sainc munih The
respondents formed thsia,e ives into cumpan, or
cor Grafton cail,d - he keed lorl edo CImp,nv,
r the purpose of p rating the Cuupl, iuthi ia
vention and supporting tAe cXpeHsec 0 tiga,iUn,.
aai ius defrs.;d HIN o. the fruits. They have per
served, even ai'er tne pte'.nay tiJIhc,-n very
properly !si"ntcd by Ii, i.ucI JUDGE
Let degree be eucrnl for conf lauli for per.
pe,gal iDjun c,iou; and Master, Hrprinie to take
al account ~, oidinsly 20 the payer of the.hlL
l.. &. GiEk, JnGso
Norr-rhe passage referred to by Judge Grier in
his former dccis on, ) Wallace, p. 299 adopted az
app icabie to this case was as follows:
at is usually the case when any valuable discov
cry Is yiade ANY urw niacuiue Cf great liiy IL
invented, that tieattcntion of the public has betr
tgrucd to that subject previously, and that mahy
persons have pe,n making researches and eXprr
meuis. fhIlusOphcrs auI mechanicans may lave
~ some measure anticipated in their splcGa'lons
.hc possibility or pro ,abity Of such discovery or
inventions many experiments have beer. successful
ly tied, COMM. SeIy near. yet falling short ui thi
csircd result. They have produced nD'hlng btnt'
dcai The invention wheI pericCtct mN uuy 90
said 10 be the eliminating point OF mahv cXrf''
men - not only hk the inyehtOr. hut b. naiy uih'
ors. tie may tav, prof,eI indirectly by the un-g;
ce>siu experiments and failures OF oiher- but i
gives them NO right To ca IN share o the hcor o
tue profit of the successful inventor II i VIVA
speculation has been reduced Ia practice when tN-
pertinent ha- resulted IN discovery aud wh'1 tH+
discovery has been perfected hy patient ana eUntii
ued experiments. when some new COMPOUND. ai
manufacture, or machine has been lhu' produce
which is Useirl TO the pHhlic thai the party maRis
becomes apub,c bcaeiictor and vntitlcGtu pa cal
'And yet when ceniu- and patti ut pcrseverlho, :,
have at length succeeded, ir spite of -n' rr- nh'
SCOTS, some vnuuble invention or cisco'efy now
seldom Is IL followed BY reward Envy f"bs am
Of the honor, while speculaiots, swndie s. ana p
rates ROB him of the profits. Every Unsuccessful
ex ,erimenier ,sho did ar did or did hot come WY
near nxxiug u discovery n'Iw claims II. Every one
who can invent an Improvement or vary lts iotn
claims right TO pirate the original Giscovfry w
4, need rot summons Morse, or Blanchard, or Wo"l
worth 50 prove tnat this Is the usual history oI c'e
| ry great discovery or invention. Att.
1.-The present case ADDS another chapter 10 tns
| long ana uniform history.'-2 Wallace, Z. Y ~
ports p. ~