The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-12
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
EDOES.|
THE ROBERTS
PETROLEUM TORPEDO Co.
Office at the
RED planning MILL,
Corner OF Pine and second streets,
GtNear the IgatirOadO
ITUsvILLE, 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
patent, and the decision of Judge r. Z. Grier sus
tanning the Roberts patent they ihave LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
80 that every Operator can afford:,v try a Torpedo
before abandoning Well.
The following is the decision rendered BY Judge
Grier on the twenty. second (a2) day of september
lS9 in the United States Circuit Court at Philadel.
phia The case was argued three days by Charles
NJ. Keller of New York, b. Lucas and $. A. Pur.I
vance of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George H. Chris,y,
Pittsburgh, for plaintiff.
OpINIONsOF JUDGE GRIER.'
Az write with difficulty I can only state the con
cusions to which my mind has come after q careful
examination Of this case. |
The com plain,nt has exhibited 'patentrdated
25th Of April 1865. This il prima facie evidence of
good title, and puts on the respondents the bur-
den of pronf that the patent is void or worthless.
need not repeat my remarks In the case of Good
III ~
adopt them as affording rule Of decision which ap
plies clearly 10 the present case.
As the infringement of the patent is admi, ted
the only question will be as to the validity of com
plainants patent of April %, 1858.
''It 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, md
persuading the public that his invention 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
nlents on the same subject and was unsuccessful
imagined that he had the best right to the invention
ard after purchasing one OF more Compainant's tor
pedoes, he applied on the LIST of November, 1857.
for patent for substantially the same cOmbina
tions Of devices and machine contained in complain
ants patent. On the 18th of the same month the
respondents formed themselves into company or
CORPORATION called '''The Reed Torpedo COMPANY" "
for the purpose of pirating the cOmplanant's in.
vention, and supporting the expense OF litigation,
severed after the preliminary Injunction very
properly granted by the District Judge.
Let decree he entered for complainant for a per.
petral injunction and Master appointed to take
an account according to the prayer of the bill.
K. Z. GRIER, Judge.
NorE-The passage referred to bv Judge Grier in
his former decision, Wallace, p. 800 adopted as
applicable to this case was as follows:
at Is usually the case, when any valuable d.cuv.
cry is made, or any new machine of great utility is
invented. that the attention of the public has been
turned to that subject previously, and that many
persons hive been making researches and expert.
meuts. Philosophers and mechanicians may have
III some asure anticipated in their sprculations
the possibility or probability of such discovery or
invention; many experiments have been successful.
ly tried, coming very yet falling short of the
desired result. They have produced nothing bene.
ficial The invention when perfected may truly be
said to be the cu minaing point of MANY expert.
mon s. not only by the inventor. but by many 9th.
ors. lie may hav. proted indirectly by the iinsuc.
cessful experiments and failures of Others hut it
gives them right TO cia IN share OF the honor of
the profit of the successful inventor Ii II when
speculation has been reduced to practice when ex.
pertinent has resulted in discovery and when that
discovery has been perfected by patient ana contn
ued experiments, when some new compound. art
manufacture, machine has been Thu. produced
which is useful to the public that the party making
becomes apuhlic benefactor and entitledto parent
.Aud yet when genius and patient perseverance,
have at length succeeded, in spite Of sneers and
SCOTS, some valuable invention or discovery, how
seldom is ii followed by reward Envy robs him
of the honor while speculators, swndleis and nj
| rates rob him of the profits. Every unsuccessful
eXperimenter who did or did or did not come very
near making discovery now claims 1t. Every one
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 prove that this is the usual history OF eve
! nv great discovery invention.
1.-THE present case ADDS another chapter to thi.
| long and uniform history."-2 Wallace, c. c. Ike.
ports p. 29..