The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-20
ROBERTS PETROLEUM. TORPEDO.

.TORP -EIDCES.
THE ROBERTS
PETROLEUM TlRgED co.
GfGice at ti,c
RED RohANING NlIAA.
Corner Of pine and Second Streets,
Near tf,c Iaiiroai,)
ITUsVILLE, PA.
Cyvjne TO the large aud increasing demnndl for the
Roberts Torpedpe', ana the lstc decision OIL tue
Commissioner of Patents in refusing to VIM Reed
patent ard the ,csi N of judge Il. & Gner srs-
tain,ug the Roberts pltent they lave LOWERED
the price of their Torpedocs
TWENTY PER CENT.
co ,hat cvprv Operator can afford to try Torpedo
before abandoning Well.
rho following is the decision rendered by judge
Crier on the twenty-seconO ta2l day of seuteulhel
1854 in the United States Circuit Court at Philado
phia The case was argued three days hv Charles
" Keller Of New York, b + Lucas and :: a. Pur'i
yinuce of Pittsburgh for deftndantS, and George
Harding of Philaaelplla a. and George Ii. Chrisiy,
Pittsoureh, for p,Nnt'G
OPINION OF JUDGE GRIER.
As write with iiSculty can only state thc con
illusions tj which my mind has come after care.u
examination Of this case.
The com ,lanqnt has exhibited paten.rdntcd
25h Of April 1866. This Is prima facie evidence of
a GOOD title, and puts on the respondents the bur
den of ptonf that the patent ia void or worthless.
ncei not repeat nv remarks in the case OF Good
wear W. nav e Wall, C. c. Rep 229) but now
adopt them as alordinr rule OF decision which a2
pies clea l. TO the present case
As the infrfgement of the patent Is admit ted,
the only question VIII he as 10 the validity OF com
p!ainanis patent Of April p. lsSS.
at was after speculation had been reduced 70
prnc ice = and after repeated experiments, that the
conlnnina,it succeeded in overcoming he prejudice
and ignorance of tine people on the subject. and
norsnaling the public that bis invention usci:
aftor he had established it, great utility ard value.
and "when his genius and patient Perseverance, in
sr,ite of sprers und scOfs, were completely snc-
cessf,,l that Reed, who lad heinrc made expert
menis on the same suhc,t, ard was unsuccessful,
i,Ynire that he had the best night - the Invention,
nd after purchasing ot more compliments ter
pedocs he applied on the lst OF November, 1851,
for n patrnt for sllstirt TALLY the SAME con'ioI
tions of devices and iinc Contained in complain
ants patent On The 15th OF me same month the
resnondputs formed themselves into company or
cD,porntion called "1tc Reed Torpedo Comptny.r
for the purpose Of piriting the cUmplainans in
ventiou, and surportin. the expense OF litigation,
an Tins defraud hin If the fruits They have PEI.
severed eren after the preliminary Injunction very
nroperly granted nv the Districi Judge.
ct a decree he entered for complainant for per.
pctuai injunction. and Master appointed TO take
an acco,nt according TO the prayer of the bill
H. q. GRlER, Judg,.
NorE.-Thn passage referred to 5c .I-dge t,ricr IN
HIS former decision, Wallace, p. 293 adopted as
opplicabte to this case was as follows:
It il usually the case. when any valuable ii.cov-
ery is made or any new machine Of .r.at IL iiv i.
Invented that theaftcntion of the public has be5n
turned to that subject previously, and that many
persons have been making researches and expert.
,ueuts RI, los apners and mech1nicians may have
III some measure anticipated in their ~ cn'aiipns
tire possibility or probability Of such discovery or
invention: many experiments have b?er successful
ly tI,gd coming Very near. vet Ealing short ut the
desired result They have produced nothing henc-
fetal The Invention "he. perfected may irily he
sid TO he the cuninating point OF many exnpri
mon = not only by the Inventor, hut 10y n,anv oth-
,rs lie may hav. lrOiited indirectly hv the ilnsuc.
CO asul experiments and failures Of other. bnt t.
Gives them right 10 "a IN share OF the hCuor Of
ire profit Of tie successful inventor Il j. whau
specu ,atOn has been reduced to practice w,en OK
n,rim,nt ,ia- resulted in discovery and when tat
di.coypry has been pert cted ny patient aul cOntiu
,led eXperiIncuts vixen some new c1muouuI nrt
,nnnutiiCture rlachine ha- been jln- prrducad
which i. useful to pubic that the party making
becomes pubC ben factor ana EMIT ed to "a ert
land yet when genius and patient perseyeranc.
have at length succ, cdsd, in sri Of sn, ers md
,cofs some valuable invention or cigco"ery how
seldom is /, followed by reward Envy rnbs him
OF tue honor, Whine specnlii0rs swindle s. and pi-
rates rob him Otthe profits. Every ursuccass'rl
exijerimcntct who did or did or did int come y.rv
near making discovery now claims IT, Eycrv one
who can iUvont ~ Improvement or ya-y It's inrni
claims right t1Tirate the ORIGINAL discovery. We
need not suinmons Morse. or Banchard or Wood.
worth 10 pruyefh fhat this i. tho usual history of cy.
nv great discovery or Invention
THE present case acds another chaptcr 70 th,
long ana uniform history 20 Wallace, c. g. ue-
ports p 292.