The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-23

ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO %.
Office at the
RED planning MILL,
Corner OF Pine and Second streets,
Near the Ratlroad,)
Tusv1LLE, PA.
Owing TO the large and increasing demand for the
Roberts TOrpedOes, and the late decision of the
Commissioner Of Patents In refusing to VIM. Reed
taining the Roberts patent they have LOWERED
the price Of their Torpcdoes
TWENTY. PER CENT.
30 that every Operator can afford IL try n Torpedo
before abandoning Well.
The following is the decision rendered BY Judge
sirier od the twenty second (22) day of September
lS69 in the United States Circuit Court at Phadel.
NJ. Keller Of New York, B. y Lucas and s. A. Pur.
yiance OF Pittsburgh, for defendants, and GeOrpee
issTlng OF fniladelpnla, and George H. Christy,
OPINION OF JUDGE aR1ER
As write with difficulty can only state the con
illusions to which my mind has come after a carefii
examination Of this case.
The complainant has exhibited a patent dated
18th % q April 1855 IH: Is prms faciy evidence Of
den of proof that the patent is void or worthless
need not repeat my remarks in the case Of Good.
apt sSr VI she yay y y Ms O. s hsP; a but now
plies clearly to the present case.
As the infringement Of the patent Is admit ted,
ps1ny. pssnt OF App 1s 3: 20 The validity Of
ut was after speculation had been reduced to
practice" and after repeated experiments that the
complainant succeeded in overcoming he prejudice
and Ignorance OF the people on tho subject, and
Psrsuadng the public that his invention was useful;
after he had established its great utility and value
and "when his genius and patient perseverance, in
cessful, that Reed, who had before made expert.
ments on the same subject, and was unsuccessful
imagined that he had the best right to the invention,
pedOes. he applied on tho list OF November, 1867,
for patent for substantially tho same combjpa.
fions Of devices and machine contained in complain.
ants patent On the 18th OF the same month the
respondents formed themselves into q company or
corporation called 1.-THE Reed TOrpedo COinpenv.n
for the purpose Of pirating the complainant's In.
and thus defraud him Of the fruits They have per
severed even sfter the preliminary Injunction yory
properly granted by the District Judge.
Let decree be entered for complainant for per.
petual injunction, and Master appointed to take
an account according to the prayer Of the bill.
r. Z. GRIER, Judge.
NorE.-The passage referred to BY Judge Gricr IN
his former decision, Wallace, p 900, adopted ss
applicable to this case was as follows:
at Is usually the case, when any valuable discov.
cry Is uado, or any new machine Of great utility Ia
invented, that the attention Of the public has been
turned to that subject previously, and that many
persons have been making researches and experi.
ments. Philosophers and mechanicians NAV have
N some measure anticipated in their speculations
invention; many experiments have been successful.
ly tied, coming very near yet falling short of the
desired result. They have produced nothing bene.
hcial: The Invention when perfected may truly be
said to be the eliminating point OF many expert.
men =, not only by the inventor, but BY MANY 9th.
ors. He may have prOfted indirectly by the unsuc.
cessful experiments and failures of Others. but 1t
the profit Of the successful inventor II is when
speculation has been reduced to practice, when ex
pertinent has resulted In discovery and when that
discovery has been perfect. by patient ana contin
manufacture, or machine has been thus produced
which Is useful to the public, that the party making II
becomes apublic benefactOr and entitled to patent
"Aud yet when genius and patient perseverance
scofs, some valuable invention or disco"ery, how
seldom Is II followed by reward Envy robs him
Of the honor, while speculatOrs swindlers and pi-
sxperimenter who did or did or did not come yery
naAr making discovery now claims II. Every one
who can Invent an Improvement or vary its form,
claims right 70 pirate the original discovery We
need not suolmons Morse, Or Blanchard, or Wood.
worth to prove that this Is the usual history of cye
ry great discovery or invention.
''rhe present case adds another chaptcr TO this
long and uniform history"-2 Wallace. c. c. Re-
porn y w.