The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-04

hOOEN nOATtOM ORk LDOs
TORPEDOES.
I" V THE ROBERTS
pETRoI1b bM TgRPED0 CO.
Office at the
RED pLANING MILL,
Corner Of Pine and second streets,
Wear the Katlroad,)
TITUSVILLE, PA.
Owing to the large and increasing demand for the
HObsrts Torpedoes. and the late decision of the
N'n,nssioner of Patents in refu .ing TO WIN. Reed
pqient, aod the ,cisn OF Judge r. L. Grier sus-
tai!AnH the Roberts patent they have LOWERED
shc prise Of their Torpedots
TWENTY PER CENT.
70 ths. every Operator can afford Il. try Torpedo
before abandoning Well.
ihe Following ia the decision rendered by Judge
Ssrhr On the twc!itvsCcod t22l day Of senteiu her
ls'9, III HE United States Circuit Court ut Phladel
Ihia The case was argued three DAYS by Charles
NJ. Keller of New York, H. T. Lucas and s. A. Pur
vauce Of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George IL. Chri.,y, Of
Pittsburgh, for plaintiff.
OPINION OF J'JDGE GRIER.
As write with difficulty can only state the con
ciusions to which my mind has come after a careiu
examination OF this case.
The com ,aiuant hns exhibited a patent dated
18TH OF April, lS;5 This is prma facie evidence OF
ien OF proof that the patent is void or worthless.
need not repeat my remarks in the case of Good.
year W; Day {: Wall, &. c. Rep; 2.9) bat now
adopt them as a'iordnz RUE OF decision which an.
plies clearly to the present case.
AS the infringement of the patent is a1mi, ted,
the only question will be as to the validity OF com.
plainaNs patent of April -, 1858.
AT was after Speculation had been reduced TO
PRACTICE" and after repeated experiments that the
complainant succeeded in overcoming he prejudice
porsuadtns the pnbiic that his invention was useful;
after he had established its great utility and value,
and "'vhen his genius and patient perseverance, in
spite OF snuers and scoifs,'' were completely src
sessful, that Reed, who had before made expert.
lneni. on the same subect, and was unsuccessful,
Imagined that he had the best right to tue invention
and after purchasing oi more co nps;naut'. tor
pedoes he applied on the 1st of November 1867,
for a patent for substantially the same combina
tons OF devices and 'aohiIa contained in complain
ants patent. On the 18th OF the same month the
respondents formed themselves into company or
corporation called 1.-The Reed Torpedo Compsrv,r y
Tor tho purpose Of rirating the complainsni's in
ventlon, ana Supporting the expense OF ltiraton
and thus defraad him Of the fruits They have pc;
severed even after the preliminary Injunction very
properly granted by the District Judge.
,Sa aSree be entered forcompianint for per
IN account according to the prayer Of the bill.
Il. {. GNfER, Judge.
Nors.-Thc passage referred TO bv Judge Giier in
his former decision, . Wallase, p. 2G9 adopted as
arp tc,hts to this case was as follows:
ut II u.uilly the case when any valuable di.cov.
cry Is Nade or any new machine of great i ity il
invented that the healtsntioa of the public ha, been
tA'nCt to that subject previously, and that MANY
persOas have bear making researches and cxperi
inenis. Ihllosppn ana mechanicinns NAV hay.
II ssine measure anticipated in their sp.c atious
the possibility or probability of such discovery or
InyentiOn many experiments have been success -f,
y tiiei, coming very near. yet falling short OF the
terlIed result. They have produced nothing bcne
Heal The invention when perfected may truly be
s"id to be the eliminating point of many. expert
fDcL s, not only by the Inventor, ht by ,nAuy 9TH
"r-. Henry have Jroiei indirectly bv The ns,lc.
eo-,!ul experiments and failures of ocr. but il
gives them no right to cam share Of the honor of
tne prom of the successful inventor 1t is when
Speculation las been rednc d to practce when ex-
PERTINENT In. resulted in discovery and when that
discovery Inns been perfected by p,rent aild ron.in.
NED experiments. when some IeH compound art
1nnuut,ctufe, or machine has hem ,hr- produced
which is useful 10 the public that the parv making
beeomcs apub'ic benafactor and entitled to u patent
sand yet when genius and patti, mt perseverance,
have at length succeeded, in s,,i Of 81. era and
s-Oifs some valuabs Invention or G'seo"ery, how
seldom Is il followed by reward Envy Iobs him
ri tue i,"nor' vine speculaors, swinde y, and p-
rates rob him u. tho profits. Every ccessiul
oxperimn,er who did or did nr did not come very
hear nlsking II discovery nov claims it. EveryOue
who cin invent an Improvement OF vary it's form
Chains a right to piraie the original discovery We
n'ed not summons Morse. Or blanchard, or Wood
worth to prove that this il the usual history of eve
~ graf discovery or invention.
"Ehe present case aGds another chapter to this
long and uniform hiatory."-2 Wallace, Z. L. lie.
P1As p. 292.