The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-01

l
NOberts' Torpedoes, and the lnie decision OF the
Commissioner Of Patents in refusing to Wrn. Reed
patent and the decision OF Judge X G. Giier sls-
| tanning the Roberts patent thcyshaVc LOW EhED
| the price of their Torpcdoes
TWENTY PER CENT
so that every Operator can afford IL try Torpedo
! before abandoning Wen.
rhc following is the decision rendered by J1dae
Grier on the twetty'second t22l day Of sop.embc
1Sd. in the United States Circlt Coart q, P'ndeI'
phia: TIE ease was argled three days by Charles
, NJ. Keller of New York, b 4. LuCa, and s. a Puri
viance of lltsbnTgb, Tor defendants, and Ceofve
Harding Of Philadelphia, and George II Chl!sty.
Pittsburgh, for plaintiff.
OPINION. OF JUDGE GEIER.
As write with difficulty can only state the con
cusions ~ which my mind has come after a caretu
| examination Of shis case.
The complainant has dxhibitea-a -spaten,elate6
18th Of April ISIS This is prima iacip evii5ncr a.,
a good title. and puts On the respondents the bnr
need not repeat nlyromarks 1.-THE case of Good
year vs.. Day u Wall, c. c. Rep; 229) but now
adopt them as eiocdins rule OF decision which an
plies clearly to the present case.
rs the iuirincement OF the patent is admit ted,
the only question VIII be as to the validity OF com
plainanis patent OF april %, ls5S.
~. was after speculation had been reduced 10
practice, and after repeated experiments that the
complainant succeeded ia overcoming .he prejudice
and Ignorance Of the people the subject, and
persuading the public tnat lis invention. was isonl:
after he had established its great utility and value
and 'vhe,l his genius and patient perseverance. i.
spite of snccrs and scott" weso completely suc.
cessfnl, that Reed, WHO had teiOre made eyueri.
ments on the same snhlecti and was Uuslcc-ssl.l,
imagined that he had the best right 10 the Invention
ard after purchasing one or more mpisinlut Tor
pedocs he applied on tho - OF SOveruhgr 1857
for a patent for substantially tho same Coinbin1
ons of devices and macliinc contained ia complain.
ants pateIt. On the 18th OF the same month the
respondents formed themselves into d company on
corporation called 'The Reed Torpedo Coi.uiuy'''i
for the purposcof pira.ing the c0mqlG.n1uis IN.
ycnti0n and supporting the expense Os .i.irutiln
ard thus deraud hin. af the fruits. They have -2t
severed after the PIE inilGry INJUNCTION Igy
properly granted by toe District dudga
Let d cree he entered for conplain.n NJ for ~er
2et,Jal :njuuC1i0u, and Il Ilster appointed 10 l. tp
an account Recording 20 the prayer o. The Lii
X T. u1liHk, Judge
NorE-Tlse passage referred to by Judge Qrier in
his former decision, Wallace. D. 209 aI.rfed as
apple lbie TO this case was - follows:
alt il usually the case, when any valuable iiscov.
ery is made or ANY new machine i.gr at utiiity is
invented that tine attention of the public has betrs
turned to that subject previously, aud ;at, many
persons nave boon making Researches and cx9ori.
meuts. PHILOSOPHERS am InechanicaLs nav have
IN some measure anticipated III theig sDacuntiou4
the possibility or probability of such discovery r,r
invention; many eYqcrit ents :livo been succe5sfu
ly tlied, couD ie'y near yet falling short OF tie
fl rial The invention when perfected may frl,lv he
q id to be the eliminating point oF many p,-inri.
M mis-, not only by the Inventor, hut by :nany 9TH
tie !lny nave IitllAte- Dv the uTSUC-
ces dnl experiments and failures of others bu5 It
yve them no right to claI. share oil tha honor Of
the ,roiit of tie successful inventor 1t ia when
s,,eculaion has been reduced TO practice when ov
ner' q. mt iG resulted IN discovery aud when that
discovery has been perfected BY patient ana contn
ned eA tRriments, when SONG new compound art
manufA,ure,, or machine has been thus produced
whchis usefnlto epublic that the party making il
l,eaoInes pIblic bereinctCf and entitedtO patent
"Aud yet when genius and patient perseverance,
have at eng. succeeded, in spile of srle ors and
scof., some v'rable invention or disco'ery. how
seldom is il followed by reward Envy rnbs him
Of the honor, willie epoculatofs, swndlers and ri
rates rob him of the profits. Every unsuccesstul
experimenter who did Or did or did not come ytry
near making discover now claims it,, Every ons
WHO can iuvent an inpru ycmcut vary its form
claims right 10 pirate the original discovery we
need not summons Morse, c Blanchard, or Wood. !
worth prove thai this il the usual history OF eve.
~ great discovery or invention.
"The present case ADDS another chapter 10 this |
long and uniform history: Wallace, c. {. Re. |
ports p. 292.