The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-24

ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TuRpED0 co.
Office at the
RED planning MILL.
Corner OF Pine and Sccoad Streets,
Near the Ratlroad,)
TTUsvILLE, PA.
Owing to the large and increasing demand for the
HOberts Torpedoes, and the late decision of the
Commissioner Of Patents in refusing to VIM Reed
patent, and the decision Of Judge h. g. Glier s q
tanning the Roberts patent they have LOWERED
the price OF their Torpedoes
TWENTY. PER CENT.
so that every Operator can afford ,o'try q Torpcdo
before abandoning Well.
The following is the decision rendered BY Judpc
rer ,6 on the twentysccond (22) day of September,
ISy " the United States Circuit Court at Philadel.
phia: The case was argued three DAYS by Charles
NJ Keller Of New York, b. +. Lucas and S. A. Pur.
vance OF Pittsburgh, for defendants, and George,
Ill. n
pittsburgh, for plaintiff
OPINION OF JUDGE GR1ER
As write with difficulty can only state the con
cillsons to which my mind has come after caret,,
examination Of this case '''''l
,t uhS Of %ni 1s has exhibited pa.cn.
good title, and puts on the respondents the bur.
den OF proof that the patent is void or worthless
need not repeat my remarks in the case Of Good
year vs.; Day ta Wall, C. c. Rep;. 220,) but now
adopt them as affording rule oi decision which nm
plies clearly to the present case. - ~
AS the infringement of the patent Is admi, ted,
the only question will be to the validity of com
plalnants patent of April %, 1858.
~ was after speculation had been reduced to
prac,ce, ana after repeated experiments, that the
and ignorance Of the people on the subiect' nnJ
persuadng the public that his invention was rsei:
after he had established its great utility and value,
spite Of sncers and scolTs,m were comnletev sue n.
cessful, that Reed, who had before made experi
inents ON the same subject, and was unsuccessfnj
.nat ne mad the best right to the invention,
au9 alter purchasing one or more Complainant's tor
ped0es, he applied on the LIST of November 1851.
for patent for substantially tho same combina,
nnt a1d 9 contained in complain
respondents formed themselves into company or
corporation called "The Reed Torpedo Coinpsny,m
ior tne purpose OF pirating the complainants in.
vention and supporting the expense of litigation,
and thus defraud him of the fruits. They have ue-
severed, even niter the preliminary Injunction very
properly granted by the District Judge.
petual Injunction, and Master appointed to take
An account according to the prayer Of the bill.
H. Z. GRIER, Judge.
NorE-Thc passage referred to by Judge Gricr in
his former decision, Wallace, p. 299 ndoptcd "a
applicable to this case was US follows:
ut is usuallythc case, when any valuable discov
cry Is made or amy new inachine of great utiity il
invented that the attention of the public has boa
turned to that subject previously, and that many
persons have bcen making researches and eyncrii
lnents philosophers and mcchanicians NAV Have
IN some measure anticipated in their specuations
the possibility or probability of such discovery nr
invention; many experiments have been s,,ccessrni
~ ticd, coming very near. yet falling short OF tho
desired result. They have produced noiLinr bcnr
neal; The invention When perfected may truly be
ssid to he the eliminating point of uaiiv cxn9or;
mon 5, not only by the inventor, but by many 9TH.
ors ile may have prollted indirectly by The Insuc.
Cossiiii experiments and failures of Others, hnt /,
gives Them no right to claim share of the hcnor of
.i,c pront OF .lie successful inventor 1t is when
pertinent has resulted In discovery and when that
discovery has been pcrfec.td by patient ana contin
lied cxperim 'ns, whom some new compound art. |
hna'actre, MANI M or machine nus been thus produced
becomes apublic benefactOr and entitled 10 nntcnt
"Aud yet wien genius and patient Mr,cyernnc,.
have Mt length succeeded, In spite of sueers and
so3ils, some valuable invention or discovery how
seldom ID IL loliowcd by reward Envy robs him
Of the honor, whiic speculators, swindlcrs and nj
rates rob him OF the profits. Every un,nccesstrI
cxl,erimentcr who did or did or did hot conc yury
near making discovery now claims it. Every ons
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
~ great discovery or invention
"rhc present case ADDS another cheptor tn tb;
long and uniform history."2 Wallace, c. Z. Ike.
ports p. s92.