The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-19
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
EDOES.
THE ROBERTS
PETROLEUM TBRPEDl co.
Office at the
RED ksLANING MILL,
Corner of Pine and second streets,
fCNcar the IsailrOndO
ITUsvrLLE, PA.
Owing to the large and increasing demand for the
Roberts TOrpedoes and the late decision OF the
Commissioner Of Patents in refusing to Wm Reed
n ratent and the decision of judge II. & Grior sus-
taining the Roberts' patent theyshave LOW Erred
the price of their Torpcdoes
TWENTY PER CENT.
so that every Operator can aforc.Gro try a Torpedo
before abandoning We'll.
The following is the decision rendered by Judge
Crier on the twenty-sccond (22l day of September,
1919 in the United States Circuit Court Mt Phlade-
phia The case was argAed three days hy Charles
VI. Keller of New York. 4. +. Lucas and $. A. Pur-
viance of Pittsburgh, for defendants. and Georgef
Harding OF fnllaucll'ua, anu NteOISS Ii SnllclN.
Pittsburgh, for plaintiff.
OPINIONioF JUDGE GRIER.l
As write with difficulty can only state thc con
clrsons TO which my mind has come after careful.
examination of this case /
The complainant has exhbted,aTpatentIda dated
25th Of April, 1865. This is prima face evidence of
good title. and puts on the respondents the bur
den of proof that the patent is void worthless.
need not repeat my remarks in the case of Good
year vs. Day e Wall, G. c. Rep; 229,) but now
adopt them as afordny rule OF decision which ap.
plies clearly to the present case
As the infringement of the patent is admit ted,
the only question will be as to the validity of com
planants patent of April 25 1S5S.
at 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 the subject, and
persuadiug the public that his invention useu:
after he had established its great utility and value,
| and "when his genius and patient perseverance, in
spite of sncers and SCOTS, were completely sue.
ces sful, that Reed, who had before made expert
ments on the same subject, and was unsuccessful,
imagined that he had the best tight to the invention,
and after purchasing one OF more Compainaut'- tor
pedoes, he applied on the 1st of November, 1867.
| for patent for substantially the same comhna.
tions of devices and nachine contained in complain
ants patent. On the 18th of the same month the
RESPONDENTS formed themselves into a company or
corporation called ''rhc Reed Torpedo Company
for the purpose of pirating the c0mplanani's in
yention, and supporting the expense of litgatiOn
and thus defraud him of the fraits. They have per
severed even after the pre- ininary Injunction very
properly granted by the District Judge.
Let a decree be entered for complainant for per
petual Injunction, and Master appointed to take
an account according to the prayer Of the bill.
H. G. GRIER, Judge.
Norr-The passage referred to by Judge Grier in
| his former decision, Wallace p. 800 adopted as
applicable to this case was as follows:
ut is usually the case, when any valuable discov-
cry is made, or amy new machine of great utility is
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 mechanicians may have
| III some measure anticipated in their spscu'ations
the possibility or probability Of such discovery or
, invention: many experiments have been successful
ly tiled, coming very near yet falling short of the
desired result. They have produced nothing bene-
fetal The invention wheu perfected may truly be
said TO be the eliminating point OF many eXpeti-
ors. lie may have proled indirectly by the lnslIc-
cessful experiments and failures of others, but II
gives them right to caIn share of the hcnor OF
the profit of the successful inventor II is when
speculation has been reduced to practice, when eg-
| periment has resulted in discovery and when tnat
discovery has been perfected by patient ana contin-
ued experiments, when some new compound. art.
manufacture, or machine has been thus produced
which is useful to thepuhlic that the party maxim. il
becomes apublic benefactOr and ertitledto patent
"Aud yet when senins aud patient perseverance
have at length succeeded, in spite of sneers and
SCOTS, some valuable invention or disco"ery, how
seldom is II followed by reward Envy robs lin
Of the honor while Spectators, swlndles s. and pi
rates rob him of the profits. Every unsuccessful
experimenter who did or did or did not come very
near making discovery now claims it. Every ons
who can Invent an Improvement vary its form
claims right TO pirate the ORIGINAL discovery. W,
need not summons Morse, or Blanchard or Wood
worth TO prove that this il the usual history of eve
| ~ great discovery or invention.
''The present case adds another chapter to thi.
long and uniform hstory."-2 Wallace, c. Z. Re
ports p. 81.