The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-13
ROBERTS PETROLEUM. TORPEDO.

ROBERTS PETROLEUM TORPEDO.
|TORPEDOES.
THE ROBERTs
PETROLEUM TORPEDO Co.
Office mt the
RED PLANNING MILL,
Corner OF Pine and Second Streets,
lNear the RailrOadL
1TUsvILLE, PA.
Owing TO the large and increasing demand for the
Roberts Torpsdoes, and the late decision Of the
Commissioner Of Patents In refusing to VIM. Reed
:!s ss si:s: I'D
the price Of their Torpedoes
TWENTY PER CENT.
70 that every Operator can aford.to try Torpedo
before abandoning Well
The following is the decision rendered by Judge
Grier on the twentysecond (22) day of september,
ISsg in the United States Circuit Court at Phladel
phia. The case was argued three days by Charles
NJ Keller Of New York, B. y. Lucas and s: A. Pur-l
Vance Of Pittsburgh, for defendants, and George
dArulng OF fnlldQelpnd, anu deOISe n. Nnrlsly, o
Pittsburgh, for plaintiff.
OP1NioNsoF JUDGE GRIER
As write with difficulty can only state the con
clusions to which my mind has come after careful.
examination Of this case.
The complainant has exhibited a patent dated
good title, and puts on the respondents the bur.
den Of proof that the patent is void or worthless
I need not repeat my remarks in the case Of Good.
year, year VI si Day e wall ,1 Ksp; a1 but, but now
plies clearly to the present case.
As the infringement of the patent is admit ted,
the only question will be as to the validity Of COM
plainanfs patent Of April 25, 1s5S.
ut was after speculation had been reduced to
practice and after repeated experiments that the
complainant succeeded in overcoming he prejudice
persuadng the public thN' ais invention useful;
after he had estsblishe .ts great uii.s and value
and "when his geniu ard patient perseverance, in
spite Of sncers and scol+," We're completely sue
ments on the saile subject, nnd W.. unsuccessful,
imagined that ne had the bes; ii.ht invention,
aud after purchasing ono o. more Cbnp!ainauts tor
pedOes. he applied on tho 1T of Nor nib,r, 1877,
for patent for substantially tho ,nr comb.na
tions of devices ard ma hin" contained in complain
ants patent. On the 18th Of the sam. month the
corporatioi called '''The Reed Torpedo Company
for the pu fpose OF piriting the c''mpainaui's in
vention and supportin- the expense of li,igation
ard this defaud him Of the irnit.. They have PEI;
prOpe .ly granted by the District Judge.
Let decree he entered for complainant for per.
petu Il injunction. and Il A.stcr appointed to take
al ccount according - the prayer Of the bill.
NOrB.-The passage referred 70 bv Judge GIier in
Is former decision. 3 Wallace, p. go adopted as
applicable to this case was as follows:
at Is usually the case, when any valuable dscov.
cry Is nade or any new machine Of great utility IL
invented that the attention of the public has been
tnrned to that subject previously. and that many
persons have been making researches and expert
IN some measure anticipated in their sp, culations
the possibility or probability Of such discovery OF
| invention; many experiments have been successful
ly tiled, coming very nelr. yet falling short of the
| desired result. They I'VE produced nothng bene
| fetal. The invention whe' perfected may truly bt
| said to be the eliminating point of MANY expert
mon e, not only by the inventor. hut By many 9th
Ors. tie may have protited Indirectly bv the ilnsuc
cessful experiments and failures Of Others but 4
gives them right to ca IN share of the he nor
the profit of the successful inventor 1t is wher
speculation has been reduced to practice, when ex
pertinent has resulted in discovery ard when tha
discovery has been perfected ny patient ana contin
ued experiments, when some new compound art
manufacture, or machine mas been ,hns produced
which is useful to the pnhlic,that the party making
becomes apublic benefa,tnr and snttledto patent
@Aud yet when genius and patti, ut perseverance
have at length succeeded, in spie of snrers ant
scoffs, some valuabls Invention or discovery, how
Of the honor, vi he speculators, swindlers. and pi
rates rob him Of the profits. Every unsuccessful
expsrimenter who did or did or did not come yer
near making discovery now CLAIMS il. Every on
claims right to pirate the original discovery. W
need not summons Morse, or Blanchard. or Wood
worth to prove that this Is the usual history of eve
ry great discovery or invention.
"'rhe present case aods another chapter to- thi
long and uniform history Wallace, G. Z. Ike
ports p. 292.