The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-29
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED HLANING MILL.
Corner Of pine and second Streets,
l(Near the NaiirOadO
ITUSVILLE, PA.

Commissioner of Pateu(s in refusing to Wm Reed
patent and the decision of Judge r. {, Grier sus-
tanning the Roberts patent they,have LOWERED
the price of their Torpedoes
TWENTY PER CENT.
40 that every Operator can afford try Torpedo
before abandoning Well.
'rhe following is the decision rendered by judge
Grcr on the twenty secoud (22l day of September.
lS69 in the United States Circuit Court at Phlade-
phia. The case was argued three days by Charles
viance of Pittsburgh, for defendants, and George
Harding of PHILADELPHIA and George IL. Chrisiy,
Pittsburgh, for plaintiff
OPINlON OF JUDGE GR1ER
As write with difficulty can only state the con
clusions to which my mind has come after a careful
The m,lainant has exhibited a patentydated
25th of April, 1865 This is prma iacie evidence of
a good title, and puts on the respondents the bur
den of proof that the patent is void or worthless
need not repeat IN, remarks in the case of Good
year Va. Dav (2 Wall, c. c. Rep; z.9,) but now
adopt them aifording rule OF decision which ap-
| plies clearly to the present case.
! As the infringement of the patent is almi, ted,
the only question will be 0s to the validity of
plainans patent of April %. 1855
| sit was after speculation had been reduced to
practice and after repeated experiments that the
| complainant succeeded i'll overcoming he prejudice
| and ignorance of the people on the subject, and
persuading the public that his invention was use'ul
after he had established s great utility and value,
and "when his genius and patient perseverance, in
| spite of sncers and SCOTS, were completely sue.
ces.f,,l, that Reed, who had before made expert
men,s on the same suhiect, and was Unsuccessful,
imnuiued hnt he had the best right to the nyeniiOn,
ard after purchasing one OF more compla nantS tor
pedoes. he applied on the lst of November, lSt1
| for patent for substantially the same comhina
ti,nS Of devices and nchine contained in complain
ants patent. On the 18th Of the same month the
respondents formed themselves into comp,ny or
CORPORATION called 'l'he Reed Torpedo Coiipanv.'
| for the purpose of prating the cOmplainani's in
vention, and supporting the expense OF litigation.
ard thu. defraud him Of tile fruits They have per.
severed even after the preliminary Injunction very
! properly granted nv the District Judge
Let decree he entered for complainant for per.
pet,,al injunction. and Master appointed to take
an account according to the prayer y GaIs Of Ihs b
NorE.-The passage referred TO bv Judge Crier in
his former decision, 3 Wallace, p 800 adopted as
| app icabfe to this case was aS follows:
| ut is u,ily the case. when any valuable dscov-
cry Is wade, or any new machine of great nj iv j.
invented. that the attention of The public has been
turned to that subject previously, and that many
| persons have been making researches and expert.
ments Philosophers and meclmnicians may have
IN some measure anticipated in their specu'ation-
| the possibility or probability of such discovery or
| invention; many experiments have been succes .fll.
ly ,iied. coming very near yet falling short the
desired result. They have produced nothing hene-
,ical The invention When perfected may truly be
sid TO be the eliminating point OF many expert
mon :, not on'y by the inventor. bur by many 9TH
or.. lie may hay. proitet indirectly bv the nsuc-
ce!silll experiments ana lalures OF Others, but II
gives them right to CAIN share of the he nor of
| tie profit OF the successful inventor 1t il when
speculation has been reduced to practice when ex-
pertinent ha. resulted in discovery and when that
discovery has been perfected by patient ana contin
ued experiments when some new compound. art.
manufacture. or machine ilas been Thu. produced
which is useful to the public, that the party making It
becomes public benainctor and entitled td pateut
| "Aud yet when genius and patient perseverance
have at length succeeded, in spi'e of Sn. ers and
-vu:fs some valuable invention or disco"ery, how
a. Il /, ra,xVu ard
Of the honor, whiic spectators, swndcrs, and pi-
rates rob him of the profits. Every unsuccessful
ex,,ermrn,er who did or did or did not come very
| near making discovery now claims it. Every orla
who can Invent All Improvement vary its form,
claims II right to pirate the original discovery We
need not summons Morse or Blanchard. or Wood
worth prove that this is the usual history of eve
| nv ,r,at discovery or Invention.
| "'rhc present case aods another chapter to this
long and uniform history.'-2 Wallace, c. Z. Re
ports p. 29..