The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-09
ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office ut the
RED RLAVING NE.
Corner of pine aud second Streets,
ltNear the itaiiroad,)
ITUSVuLE, Pa.

Roberts Torpeloes and the late decision of the
Commissioner OF Patents in reihsing to VIM Reed
a VA ent and the decision of Judge II. G Gier sus-
taining the koberts' paten; they!haye Low Erred
the price Of their Torpedoes
TWENTY PER CENT.
40 that every Operator can aiforu 10 try Torpcco
before abandoning Well
rhe following is the decit ion rendered by Judge
Gricr on the twenty second (22l day of September,
1869, in the United States ircnit Court at Phladel
phi,. The case argne three days by Charles
NJ. Keller of New York, b. T. Lucas and $. A. Pur.i
viance Of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George II. Chri.iy,
Pittsburgh, for plaintiff.
OPINION OF J CDGE GRIER.
As write with difficult, can only state the con
clusions to which my min has come after a careu
examination of this case. |
The complainant has 'xhibitci-a patent dated
2sth Of April ISIS. This is prma facie evidence of
a good title. end puts on he respondents the bur
den of proof that the pat ,nt is void or worthless
need not repeat my ven arks in the Of Good.
wear Va Day u Wall, c. c. Rop: 2a9,) but now
plies clearly to the p, ,ese 1t case.
As the infringement cf he patent is admit ted
the only question will b. to the validity of coia
plainants patent Of April Is, 1858.
at was after speculation had been reduced to
practice aud at er rep ated experiments that the
complainant succ eeded ill overcoming he prejudice
and ignorance of the e'pie on the subject, md
persuing the public IL nj his invention usesul;
after he had esthisht its great utility and vtlue
and "when his = .n'u'' nd patient perseverance, in
spite of sncers nd 81 o'fs," were completely suc-
aessful that. Reed, who had before made expert.
ments on the same subject, and was unsuccessful,
Imagined ths he he the best right to the invention,
ard after pl ch isius more complainant tor
pedoes he applied on the lst of November. 1877,
for patent for. substantially the same cOmbina
tons Of devi es andmachine contained in complain
ants patent. On the 10Th o. the @ same month tae
cOfporationt allied 1.-THE Reed Torpedo COMPANY -
for the purpe Of piratin. the complainant's in.
vention, and sugporins the expense Of litigation,
severed ever after the preliminary Injunction very
properly gra nted by the District Judge.
Let deer, e he entered for complainant for per
petual iujun ,tion. and Master appointed TO take
an account a ccordng to the prayer OF the I'LL.
X z. GRIER, Judge.
NorE-Tt C passage referred to bv Judge Gricr in
his former d ,cis'On, 3 Wallace p. 2e9 adopted as
applicable to this case was ns follows:
at IL usu lily the case when any valuable di.cov
ery il made Or any machine Of great u,i ity l.
invented, tm the eatenton OF the public has beea
trrped to tn, subject previously. and that many
persons have been making researches and expert
ments Phi osophtrs ana mechanicians NAV have
III come mea .ure anticipated in their spccuations
the possibi y or probability of such discovery OF
| Invention: any experiments have been successful
" tied com M very yet falling short ot IN.
desired resul l. They have produced nothing bene
fical The Invention when perfected Eay truly bt
| said TO be th eliminating point OF manv expert
mon :, not My by the inventor, hut by many otn
orr. He ms J have prnfited indirectly bv the iinsuc
| ceSsful eype 4 nents and failures of Others but il
gives them right to CAIN share of the hcnor o
| the profit of he'syicccssful inventor 1t il When
| speculation has been reduced TO practice, when cx
| perimert hi esuted In discovery and when tha
discovery III been perfected by patient ara contin
ued eyperim Il Is when some new compound art
/ manufacture ',r machine mas bsen thus produced
which is IN to thepnnc. that the party making
becomes ap IL lie beneiictor and entitled tn patent
"Aud yet VI en genius and patient perseverance,
have AT lens tn succeeded, in sii of sneers ant
| SCOTS, somt auable invention or Gsco"ery how
| seldom is il fl flowed b. reward Envy robs hin
of the homo e. while specularors, swindlc.s and nj
| rates rob hi m OF the p,ofts. Every unsuccessful
experiments r who did or did or did not come yer,
| near niakim discovery now claims it.. Every on
who can iuv e. Il an improvement vary its form
| claims rig hi. to pirate the original discovery. W,
| need not sui ninons Morse or Blanchard, or Wood
worth pr that this Is the usual history OF eve
| ry great dis avery or invention.
"'rbe pres Mt case a1ds another chapter to thj,
| long and III iiDrm history."-2 Wallace, c. G. Re
| ports p. 292