The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-07
OPINION OF JrDGI GR1ER


ASH writo with difficulty can only state the con
illusions to which my mind has come after careful
examination OF this case.
The com mglainant has exhibited a patent dated
2sth q April, lss. Thi. Is prma facis evidence Ol
den Of proof that the patent IL void Or worthless.
necd not repeat my remarks IN the case Of Good.
year, year "; .i Day {. wall, Q. 9. Rep; l but now
plies clearly to the present case.
As the infringement Of the pater. ,is admit ted,
the only question will be a to the validity Of com
pianan's patent Of April Is, 1858.
II was after speculation had been reduced to
practice" and aittr repeated experiments that tn
complainant succeeded m over coming the p-eNdics
ptTsuauing the public that his invention was use efn
after he iad established its great utility and yalue
Snd when his genius and patient perseverance,, in
ct.sful, that Heed, who had before nude expert.
inents on the same subject and wns -unsuc ceesful
And ahsr barchasing one or more complanaut's tor
psdoss, he applied on the 1st Of November, 1887,
Ior patent for substantially the same combina.
OILS Of deyicss and machine aimed In complain
ants patent; On the 18th Of the same month the
,espondsnts formed themse Ives into company or
cor. oratiOn called "lhe heed Torpedo Company,
the purpose Of pirating the complainant In
vcnti0n, aud suppogtng: the expepsee Of itigntiou
sa, 'tnus defn.ud Nm ofths ffuii. They have per
properly gfsntcd by tie stsfricf Judge:
Let degree be enteroa for CONF lsinapt for q per
petual injup ctiOD; and = Master, sppoute W take
'S'1N' accordingly y Ns 6! r'sss SGk, Il knsSi 5aas,
NorB.-The passage rca3red toby Judge Grier in
his ivrisr decision, Waalpcs, p- 100 adopted as
app icabts to this case was ~ follows
Ut Ia usually the case, when my valuable discov.
cry e made, or any new machine Uf great utility is
Invented, that the attention 9f the public has beer
persons have been maktng re,esrches and expert.
1lents. Philosophers aud u, vShanciaps NAV nave
IN some m.asure anticipated IN their speculatiOns
sne possibility or probability Of such discovery or
inventions many exRerimenn have been successful.
desired result. They havaprOduced nothing benz.
ncisl The Invention whom perfected may truly nc
said to be che eliminating point of many exBer.
msu ., nUt only by the inventor. hut by many 9th.
ors dc may have proated indirectly By the unsuc.
cessful experiments and failures of Others, but it
Eves them no right to claim share olshe henor of
tne pront or the successful inventor 1t is when
spec ulston has been reduced to Practice when ex
pertinent has resulted in dis overy and when that
discovery has been perfected by patient ana cuntn
usd experiments, when some new compound, art
which usefalt public that the party aking il
bss0mes spubic ben, factor and entitled to patent
sand yet when genius and patient ueryeysrance
nave at length eucceedsd, In sIire Of snrers and
scons, some veluabls Invention or disco"ery, how
seldom Il followed by rewurd Envy robs him
rates rub him of the profits. Every unsuccessful
exierimentsr who did or did or did not come very
near making y discovery now claims IL, Every one
VINO can invent an Improvement vary its FORM
claims right to prule the original discovery. We
need not summons Morse or Blanchard, or Wood
ry great discovcry or invention.
"The present case aods another chapter to this
ports p.