The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-23
ROBERTS. PETROLEUM TORPEDO.
TORP.EDOES.
YHE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED pLANING MILL,
Corner OF Pine and second Streets,
Near the RRiiroad,)
ITUSVILLE, Pa.

Owing 10 the large and increasing demand for the
Roberts To.redoes. aud the late decision OF the
Commissioner OF Patents in using to VIM. Reed
patent and the decision of Judge K. q Grier s,s.
taining the Roberts patent they have LOW BRED
the price of their Torpedoes
TWENTY PER CENT.
so that every Operator can afford To try Torpedo
before abandoning Well.
'lhc following ia the decision rendered hy judge
Grier the twenty second (?2l day of sentember,
1859, in the United States Circuit Court At PHI aiel,
nhis The case was argued three days bv CharIes
N Keller Of New York, D. r. Lucas and : A. n Pnr.,
yiancc of Pittsburgh for defendants and George
Harding Of Philadelphia, and George Ii. Chri.iy,
Pittsburgh, for plaintiff.
OPINION or JUDGE GRIER
As write with difficulty can only state the con
clusions to which my mind has come after carelu.
examination Of this case.
The COM malainant has exhibited -patentidated
9th OF April, 1865 This Is prma face evidences of
den Of proof thai the patent is void or wort HESS
meet not repeat my remarks in the case of Good.
year VS.. Day q Wall, c. c.. Rep; .s9,) but now
adopt them as affordns rule OF decision which ap.
pics clearly to the pieseflt case.
As the Infringement of the patent Is admit ted,
the Only question will be rs to the validity of com
planants patent of April IS, ISIS
''lt 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
after he had established its great utility and viue
and "when his genius and patient perseverance, in
| spite Of sncers and scohs,n were completely sue.
eessful, that Reed. who had before made cyper
ments on the same suhle,t, and was unsuccessful
imagined that he had the best right totbe invention
and after purchasing one OF more complainant tor
pedoes. he applied on the lst Of November 1856!
for patent for substantially tho same comhiua.
tions of devices and machinn contained in complain
ants patent. On the 18th of the same month the
respondents formed themselves into company or
for the purpose OF piratiRg the compartments in
vention, and supporting the expense of litigation,
ard thus defrand him Of tho fruits, They have pei
severed even after the preliminary Injunction yery
properly granted by the District Judge.
Let deere. be entered for complainant for a per-
petual injunction. and Master appointed to take
an account according to GRIss Sf ss BILL s.
Norr.-The passage referred to by Judge Grier in
his former decision, Wallace, .. 2o3 adopted as
applicable to this case was as fLll1ws:
sit il usually the case, when any valuable discov
cry is made, or any new machine of great uiity Is
invented that the attention of the public has been
turned to that subject previously, and that many
persons have been making researches apd expert
meuts. Philosophers and mec!ianicials may have
III some measure anticipated in their sptc.i'ations
the possibility or probability of such discovery or
inventions; many experiments have been successful
ly tried, coming very near yet falling short of the
desired result. They have produced nothing be?e-
fetal. The invention whei perfected may truiy be
said to be the eliminating point OF many expert.
men :, not only blythe inventor. hut by many 9th.
ors lie may have proited indirectly bv the lnsuc.
cesssul experiments and failures of others. but il
gives them right to clam share OF the he nor Of
the profit Of the successful inventor II IL when
speculation has been reduced to practice when ey.
pertinent has resulted in discovery and when that
discovery has been perfected by patient anu contin.
iled experiments, when some new compound art
manufacture, or machine has been ,hu- produced
which Is useful to public that the party making
becomes public benefa and entitled to patent
Aud yet when geniu. and patient perseverance,
have u, length succeeded, in spite of sneers and
SCOTS, some valuable invention or disco"ery how
seldom is IL follower by reward Envy rob. him
Of tue honor, While specula'ors swinders, md pi
rates rob him Of the profits. Every unsuccessful
experimcr,er who did or did or did rot come very
near making discovery now claims 1t. Every on,
who can Invent an Improvement vary its form
claims right to pirate the ORIGINAL discovery We
need not summons Morse or Blanchard or Wood.
worth to prove that this is the usual history of eve
~ great discovery or Invention.
"The Present case aods another chapts- ;, this
long and uniform history'-2 Wallace, G. C. Re
ports D. 192.