The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-07
ROBERTS PETROLEUM TORPEDO.
TO-RP EDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office ut the
RED planning MILL,
Corner of Pine and second Streets,
Near the RailrOad,)
IrUSVILLE, PA.

Owing to the large and increasing demand for the
Roberts Torpeioes, and the late decision of the
Commissioner of Patents in refusing to VIM. Reed
patent and the decision OF Judge Il. e. tirer su :.
taining the Roberts patent they have LOW Erred
the price Of their TorpcdOts
TWENTY. PER CENT.
so that every Operator can ,aord 10 try n Torncdo
before abandoning Well.
Ihc following is the decision rendered by Judoe
Grier on the twenty. second (a2l day of September,
1S In the United States Circuit Court at Philnel
phia. The case was argued three days by Charles
NJ. Keller Of New York, Is. y. Lncas and s. A. inr
Vance s OF ri,tsrgh for defendants, and George
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with difficulty can only state tho en-,
cluslons to which my mind has come after u carc!,l.
examination of this case. I
18th Of April 1858 This Is prima f,cie evidence Of
good title, and puts on the respondents the bIr
den Of proof that the patent Il void or worthless
need not repeat my remarks In the case of Good
year vs. Day WALL e. c. Rep 229,) but now
adopt them as aordfng rule Of decision Which nm.
plies clearly to the present case.
AS the infringement of the patent is admit ted
tho only question will be rs to The validity of com
plainan's patent Of April 81, 1858.
'It WAS after speculation had been reduced to
pmcticc aud alter repeated experiments that the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject, and
pcrs'ang tue public that his invention was useful;
after hc h' established its great utility and value
and "when his genius and patient perseverance, in
spite OF snccrs and SCOTS, !" were completely suc.
cessf,l, TINT Reed, who had before made expert.
menis on the same subject and was unsuccessful,
imagined that he Ind the best light tn the invention
and alter purciasng one OF more Conplainants s tor
pe,OcS. he applied On Tho list of November 1877
for patent for substantially tho same cn,nhinn
tOns Of devices and machine contained In complain
ants patent. On the 18th Of the same month the
respondents formed themselves into a company or
corporation called "Thc Reed TorDedO Coinnnnv
for tho purpose OF pirating the complainans in.
vention, and supporting tho expense of litigation,
severed, even after the preliminary Injunction very
property granted nv tho District Judge
Iet d.crc1 be entered for complainant for per-
pcual injunction. and Master appointed to take
All account according to the prayer Of the BILL
II. e. GRlER, Judge.
NorE.-The passage referred to bv Judge tiricr in
hi- Former decision, Wallace, p. 300 adoptcd as
mp ic,bic ~ this case was rs follows:
at Is Usually the cas', when any valuable di.cov.
cry ia made, or any new lnachine Of great uity il
invented, TINT thcateiilon OF the public has been
turned to That subjcct previously, and that MANY
'rersons hmve been making researches and expert.
ilen5. PHILOSOPHERS ami mecllancinfs NAV huvr
III some measure anticipated in their specUia,jons
the inssihiiity or probability of such discovery or
invention; many experiments lnve been si,cc,:s sii,l
~ itie,i, coming very neur. yet falling short of the
desired result They have produced nolhigr kmc
fetal. The invention wlcL perfected may truly be
raid to bc the eliminating point % many exu,ri.
mon =, not only by the inventor, hut by many 9TH
era. Ito may have proed Indirectly iv the i,nsllc.
ce-sul experiments and failures Of OtIer. but II
gives them no right to aim share of the nor of
The prolli OF tho s'icc''ssfu inventor 1t Is when
speculation has been reduced to pr,clice, when cx
pertinent la. resulted in dis, wcry and when thai
discovery hl- been perfect ny Is,ticnt anu contn
ue,l experiments, when some new compound art
nlanuflclmie. nr mnnhnc has lrrn ,hu- produced
which Is useful to public, that lhe party making IL
bcfOn,,.s apuhc bcnelctOr and entitled to u patent
"Aud yel when genius and patti, mt perseverance.
have at length succeeded, in spite of si,,crs and
sc0iIs some valuable invention or disco"ery, how
seldom H. II fOlow'si by reward Envy rnIs him
"f the honor, whine spctuators, swindlc s, and nj.
rates rob him Of The profits. Every ,ul,nccc,siul
eNl@rnnner who lid or did or did not come y,ry
near mahiilg discovery now claims It.. Every Oiis
who can invent ail Improvement why its f,r,n
claims right 10 pirate the original discovery We
need not summons Morse, or Blanchard, or Woud.
worth /" r,vc that this Is the usual history of eve
ry great discovery or invention.
"lhe present casc ao,ls another chapter IN this
long and uniform history.'-2 Wallace, G. q. Re
ports y. 292