The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-08


Office at the
&ED PLANNING MILL,
Corner OF Pine and Second stroct,,
Near ti,e rIntiroad,)
TITUSVILLE, Pa. =.
Owing to the large aud Increasing demand for the
hno;rts' Torpedoes, and the late decision OF tht
Commissioner of Pa'ents in rei,i sns to VIM. Reed
paent. and the da:;si of Judrc Il. C. ,iytcr sits
tatuing the koberts' patent they lave LOW Erred
tie pfice of their rorpedoes
TWENTY PER CENT.
40 thai every Operator can afford 10 try Torpedo
before abandoning Well.
lhe following ia the decision rendered BY Judge
Srler on the twentysecond (22) day of September
ISL in the United States Circuit Court at philatel
Fhia. The ease was argned three days bv Charles
NJ Keller Of New York, d. +. Lucas and s. a. Pur.
ytaucs OF Pittsburgh, for defendants and George
l.arding OF Philadelphia and George II. Chris;y OF
Pittsburgh, for plaintiff.
OPINION OF JUDGE GR1ER.
A write with difficulty can only state the con
eustons to which my mind has come after caret,l.
examination Of this case.
18th Of April 1855 This Is pria facie evidence OF
good title, aud puts on the respondents lhe bur
den OF proof that the patept is void worthless.
year Va Day t3Wali, g. G. Rep lss.1 'I but now now
adopt them az attordna rule Of decision which an
plies clearly TO the present case
Is the infringement Of the patent 10 admin ted.
the only question will DO as to the validity of com
plaiian's patent Of April q, 1885,
III was aiter speculation had been reduced to
practice and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and Ignorance of the people the subject, and
persrading the public that his nvcntiou was sef,,:
after he hi established ita great utility and value
and "when his genius and patient perseverance, in
spite of snccrs and scofs,' were completely src.
cessful, that Reed, who had before made experi.
imagined that he had the best right to the nyentiOn
and after purchasing one of more complainant \ tor
pedoes he APPLIED on the lst Of November, 1867,
for patent for substantially the same comhina
tons Of devices and aChinc contained in complain.
ant's patent On the 18th of the same month the
respondents formed themselves into company or
corporation called 1.-The Reed Torpedo Coinprny -
FOR the purpose Of pirating the complainaut's in.
ve!tion, and supporting the expense of litigation,
and thus defraud him Of the fruits. They have pe-
severed even after the preliminary Injunction very
properly granted by the District Judge
Let dscree be entered for complainant for a per-
petual Injunction, and Master appointed TO take
IN account according to the prayer of the bill
Il. &. GRIER, Judge
NorE-The passage referred to BY Judge Grier in
his former decision, Wallace, y. 100 adopied as
applicable to this case was as follows:
''!t Is usually the case, when any valuable di scoy
cry is made, or any new machne Of great uiity is
invented, ttnt theatenton of the public has beon
turned 10 that subject previously, and that many
persons have been making researches and cyperi
nents. Philosophers ana nleChaniciarls NAV have
i'll Ssme measure anticipated in their specr'a.iOns
the possibility or probability of such discovery or
lnvention; many experiments haze beeu successr-
~ yuied, coming very nerr. yet falling short OF the
desired result. They have produced nothing benp-
hciai. Inc invention whoc perfected may trrly he
sald to be the culninaing point OF many exnai-
mems, not only by the inventor but by many 9TH
0rs. lie may have profed Indirectly by the ,nsuc.
eessfu experiments and failures of others, but II
gives tlem no right to cain share of the honor of
tno profit Of the successful inventor II ia when
speculation has been reduced to practice when ex-
pertinent has resulted in discovery and when that
Aecovery has been perfected by pliien, ana contin.
Ned experiments, VIXEN some new compound art
2Anuincture. or machine has been Thu. produced
which IL usenltO theptblic that the porty King II
becomes apublic benefactor and entitled to afont
sand Yet when genius and patient per.eyeranre
have at length succeeded, in seige of Aneers AMI
SCOTS, some valuable invention or dscu~ery, how
ssdom is IL followed By reward Envy rohs him
of the honor, whiie Spectators, swlndleis and nj.
rates rob him of the profits. Every unsuccessinl
eXpsrnlcn'er who did or did or did not come very
near making discovery now claims IT.. livery one
who can invent Nh Improvement or vary its form
claims right to lrsc the original discovery We
med not summons Morse, or Blanchard. or Wood
worth to prove that this is the usual history OF eve
~ great discovery or invention.
''The present adds ahother CHAPTER to tIis
long and uniform history"-2 Wallace, c. .. Re
ports p. 292