The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-05-20


THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED PLANNING MILL,
Corner Of Pine and second Streets,
.Ncar the RaiirOad,)
-..--- $50 TITUSvILLE, PA.
A.
Owing to the large and increasing demand for the
Roberts TorpedoeI and the late decision OF the
Commissioner Of Patents in refusing to VIM. Reed
patent. and the decision of Judge h. Z Grier sns
faining the tsobers' patent they have LOW Erred
the price Of their Torpedoes
TWENTY PER CENT.
~ that every Operator can afiOrd.t try Torpedo
before abandoning Well.
rho following is the decision rendered by Judge
Or ricr the twenty second (22) day of sentember,
1863, in the United States Circuit Court at Plladel
phis: The Gaze was argued ! three days BY Charles
viauce of Pittsburgh, for defendants and George
Harding Of Philadelphia, and George Il. Chrisiy,
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
clusions to which my mind has come after a careful
examination Of this case
The omplsnsnt ha. exhibited "a patent dated
den Of prof that the patent Is void or worthless.
I neei not repeat nv remarks in the case Of Good
yenr ~; Day u Wall, c. G. Rep, 2s9) but now
adopt them as affording RUE OF decision which ap-
pies 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
plainan's patent of April q, 1853.
at was after speculation, had been reduced to
tice" and after repeated exp riments, that the
con plainnt succeeded in overco ming he prejudice
and Ignorance Of the people on the subject, and
pcrsiding the public that his idventon was usesu;
after he had established its gree utility and value,
and "when his genius and patti ent perseverance, in
spite of sncers aud scOfs," W ere completely sue
cessful, that Reed; who haf before made expert
ments on the same subject, md was unsuccessful,
imagined that he had the hes right to the invention,
aid after purchasing one OF more compainant'stor
pedOes. he applied on the 1st Of November, 1907.
Tor patent for substantis lily the same combina
ttns Of devices and achi dc contained in complain
ants patent. On tho 18th OF the same month the
respondents formed them selves into company or
corporation called "The Reed Torpedo Company"
for the purpose Of pirating the compainani's in
ald thus defraud him Of tie fruits. They have PEI.
severed, even after the pre- minary injunction Very
properly granted by the District Judge.
Lit decree bc entered for complainant for per
betual Injunction. and Naster appointed to take
a account according to the prayer OF the bi,L
r.. c. GRIER, Judge.
NorE-The passage referred to by Judge Grier in
his former DECISION, 3 Wallace, p. 800 adopted as
Spp'icabfe to this case was as follows:
'sIt II uStaly the case, when any valuable discQv
,ery Is made .ur any new machine OF great utility is
Invented that the attention Of the public has been
turned to that subject previously, and that many
persons have been making researches and expert
!ry1euts philosophers and mechanicans may have
IN some measure anticipated in their sptcu'ations
the possibility or probability OF such discovery or
,inventOn; many experiments have beer'successful-
ly tiied, coming very near. yet falling short of the
desired result. They have produced nothing bene-
fetal The invention wheL perfected may truly he
said to be the eliminating point OF manv expert
men g. not only by the inventor, but by many 9th
'ors. lie may have profted indirectly by the nnsuc-
cesftl experiments and failures of oihers. but 1t
gives them no right to claim share OF the hcnOr of
tie profit of the successful inventor 1t Is when
speculation has been reduced to practice when ex-
.pettncpt ha. resulted in discovery and when that
discovery has been perfected by patient ana contn-
ued experiments, when some new compound, art,
manufacture, or machine has been thu: produced
which IL useful to the public that the party makngt
becomes apubic benefactof and entitled to patent
"Aud vet when genius and patient perseverance
have at length succeeded in spite Of sn. ers. and
evOffs. some valuable invention Or discovery, how
seldom Is il followed by reward Envy robs him
Of the honor, he speculatOrs, swindlei s.and pi.
rates rob him of the profits. Every unsuccessful
exuerjmt ner who did or did or did not come very
near making discovery now claims it. Every ons
who can Invent an Improvement or vary its form
claims right to pirate the ORIGINAL discovery We
need not summons Morse, or Blanchard, or Wood
worth to prove that this IL the usual history OF eve
ry great discovery or invention -
"The present case a0ds another chapter to this
long and uniform history y."-2 Wallace, 9. Z. ke-
pelts p. 292.