The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-07
ROBERTS PETROLEUM TORPEDO.

Owing to the large and increasin- demHnd for the
Roberts Torpedoes and the late decision of the
Commissioner of Pat ints in refusing to VIM Reed
patent. and the decision of Judge r. Giier sns-
taiuing the Roberts pltcnt they have LOW ERED
the price of their Torpedoes
TWENTY PER CENT.
so that every Operator can aTorl.to try Torpedo
before abandoning Well
The E,llowir, il the decision rendered by judge
Cricr on the twentysecond t22) day of Sel,temher,
1879, in the United States Circuit Court at hladel
nhia. The case was argued lhrce days by Charles
M Keller of New York. b + Lucas and :. A. Pur !,
yiaucc of Pittsburgh, for defendants, and George
Narding of Philadelphia, and George H. Chyis,y,
Pittsburgh, for planth.
OPINION OF JUDGE GRIER.
AsI write with did'cnlty can only state the cor
cu-ions to which my mind has Come after careu
examination Of this case. !
The complainant hiss exhibited patent dated
18th Of April, 1865. This il prima facie evidence OF
good title and puts or the respondents the bur
d N Of proof that the patent is void or worTnlcss
need net repeat inylemarks in TIE case Of Good
year Va. Day II Wal, c. c. Rer; ..9) bat now
adopt them as n0rding rule OF decision ich ap-
plies clearly to the p esent case.
As the infringement of the patent is admit ted,
the only question will he as to the validity OF CON.
plainan,s patent Of April 2j, 1858.
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 en- tie subject, and
persuading tae public that his invention was use:ul;
after he had established it, great utility and value
and "when his genius and patient perseverance in
spite Of snc era and scotis, completely sue.
ces-ful, that Reed, who had pefore made expert.
meats on the same suhie-t, and wis unsuccessful,
i,ngined that he had the hest right to the inventions
a. 4 after purchasing one oi more Copplainant'stCr
pedoes. hs applied on the lst OF Nov, mber, 1871,
ior patent for substantially the same combina-
tons of devices and y achnn contsined in complain
ants patent On the 18th of the same month the
respondents formed Themselves into y company or
CORPORATION called ''The Reed Torpedo Company, -
for the purpose of pirating the compainanls in.
yention aud .upportin.. the expense of litigation
and tins defraud him Of the irnits. They have per
severed after the pre- iminary injunction very
properly granted hs the District Judge
Let q d-rres he entered for complainant for per.
ps.tal 'pjgnetion. and Master appointed TO tal;e
"a account . -SFiins to the Prayer Of the bill.
X. &. GRIER, Judge
Norr-rhs passage referred TO bv Judge Grer in
his frmer DECISION, Wallace, p. 299 adopted as
applicable to this case was rs follows:
'.It IL Usually the case. when any valuable dtcov
ery il yadc or any machine Of great uii ity /.
invented. that tie attention of the public has beer
turned to that subject previously, and that many
persons have been making researches AID expert
n,euis Philosophers ana mechanicians may lay,
IN sorne measure anticipated in their sprcu alton.
the possibility probability of such discovery o.
lnven ion; many experiments have been successful
~ tiied d. coming very near yet falling short OF tlt
desired result. They have produced nothing bene
I fcial The invention wheu perfected may truly b.
\ said to be the eliminating point OF many expert
/ mems. not only by the inventor. but by many 9th
\ ors. lie may have prolted indirectly by the nnsuc
cessfu, experiments and failures of Others, but i
give. them right to claim share o. the he nor
the profit of the successful inventor 1t l. whe,
speculation has been reduced to practice when ex
| pertinent has resulted in discovery aud when tfa
discovery has been perfected by patient ana contin
ued experiments, when some new compound. art
j manufacture, or machine has been thus produce,
which Is useful to thepublic that the party making
becomes apublic beneiactor and entitled to patent
l "Aud yet when genius and patient perseverance
have at length succeeded, in spite Of sn, ers an,
SCOTS, Some We luabe invention or discovery, how
seldom is I, followed by reward Envy robs hin
of the honor, While Spectators, swindiers and pi
! rates rob him Of the profits. Every essili
| experimenter WHO 3id or did or did not come yer
/ near making discovery now claims IL. Every on
l who can Invent an improvement or vary its form
claims right TO pirate the original discovery. w
need not summons Morse, or Blanchard, or Wood
worth prove that this is the usual history of eve
| nv great discovery or invention.
"rhe present case ADDS another chapter to thi
| long and uniform history."-2 Wallace, c. &. Re
| ports p. 292.