The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-05-25
R0eERrs, PETROLEUM TORPEDO.
ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTs
PETROLEUM TORPEDO Co.
Office Mt tho
RED PLANNING MILL,
ECorneP OF Pine and second Streets
CSNear the Raiiroad,)
.-lTITUsvILLE, PA.

Owing TO the large aud increasing demand for the
RObers' Torpedoes, and the late decislons OF the
Commissioner Of Pa'ents In refusing to VIM Reed
!slning the Rcb.rs, patent .ssy !havs LOWERED
the price Of their Torpcdoes
TWENTY PER CENT.
20 thss every Operator can Afford to try aITorpedo
before abandoning Well.
The f5,lowing is the decision rendered by Judge
f!rier on the twenty second (22) day Of sentember
1S9 in tue United States Circuit Court at Philadel-
pha. Tie case was argued three days by Charles
N. Keller or New York, b. r. Lucas and = A. Pur'l
viance of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George H. Chrtsiy,
Pittsburgh, for plaintiff
OpINIoNlOF JUDGE GRIER.
A. write with difficulty can only state the con
clusons to which my mind has come after careiu.
examination of this case.
.rhe eempi nnant has exhibited a patent dated
25th Of April, 1865. This is prima facie evidence OF
good title. and puts on the respondents the bur-
den Of proof that the patent is void or worthless.
I neot not repeat my remarks In the case Of Good
sdopt them a. sfordIns rule Of decidon which sp.
pics 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
plaipants patent of April q, 1853.
''Tt was after speculation. had been reduced to
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
ard ignorance Of the people on the subject, and
pcrsuldirg tue public that his invention was usetl;
AFTER he had established its great utility and value,
and "wen his genius and patient perseverance, in
cessful, that Reed, who had before made expert.
ments on the same subject, and was unsucceesful,
imagined that he had the best right to
and after purchasing one OF more Compla,nanfs tor
pedoeA. he applisd on the fst OF November, 1857,
FOR patent Tor substantially the same combina-
tons Of devices and Uachinn contained In complain.
ants ratent. On the 18th Of the same month the
respondents formed themselv into company or
corporation called 1.-THE Reed Torpedo Company
for the purpose Of pirating the cOmpainants In
vention, aud supporting the expense OF litigation,
severed even after the preliminary injunction very
properly gran ed by the District Judge.
Let decree be entered for complainant for per.
petuai Injunction. and q Master appointed 70 take
an account according to the nrsyer Of the bill.
r. c. GRIER, Judge. {.
NorE.-The passage referred to by Judge Grier in
his former decision, Wallace, p. 20. adopted al
applicable 70 this case was as follows:
E,It Is usually the case when any valuable discov
cry Is pIade or any machine OF great utility Ii
invented that the attention of the public has beeI
turned to fiat subject previously. and that many
persOas have been making researches ana experl
meuts. Philosophers and mechanicians may hav'
n %
invention, many experiments lave beeu successful
ly t,ed, coming very near. yet falling short 4f th'
desired result. They have produced noimns 1ene nne
flcal. The invention when perfected may truly By
exid to he the eliminating point or MANY experl
mems, not only by the inventor, but BY many 9th
ors. lie may have profited indirectly Dy tne nnsuc
cessful experiments and failures of Others, but II
gives tleni no right to claim share Of the honor O
tne profit of the successful inventor 1t is when
speculation has been reduced to practice, when ex
pertinent has resulted In discovery. and when that
discovery has been perfected by patient and contn
ued experiments, when some new c1mponnoi; iart art
which is useful to the public that the party making I
becomes apubc benefactOr and entitled to n patent
..Ald vet when genius and patient perseverance,
have at length succeeded, in spite Of sneers AND
rcofs, some valuable Invention or disco"ery, how how
Ci lie homer, while speculators, swindes, and pi
rates rob him Of the profits Every unsuccessful
experimrn,er who did or did or did not come yer!
near making discovery now claims It. Every ON
who can Invent an Improvement or vary Its form
claims right to prais the original discovery; W,
nerd not summons Morse, or Blanchard, or Wood
worth tn rr,Ne that this is the usual history Of eve
~ graat discovery or invention
..1he present case aods another chapter to thi
hong anu uniform history."-2 Wallace, g. q. he
pults D. 202