The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-10
ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
TINE; ROBERTS
PETROLEUM TDRpEDD GO.
Office at The
RED pLANING MILL.
Corner OF Pine and second Streets
ItNcnr the RaiiroadJ
ITUSVILLE, Pa.


HohertsS Torpedoes and tine late decision of the
Commissioner of Patents in refusing to VIM: Reed
patent and the decision of Judge r. ciier sns.
'TIiITfTT The E6J5Frs pirCnr rcy -Gvg 10 " tfSr1D
the price Of their Torpedoes
TWENTY PER CENT.
so that every Operator can a5ord...o tsy Torpedo
before abandoning Well
The following is the decision rendered by Judge
Crie- on the twenty-second (22) day of September,
1879. in the United States Circuit Court at Philadel-
mia The case was argued three days by Charles
n Keller of New York. B. +. Lucas and = A. Pur.i
yiance of Pittsburgh, for defendants, and George
Harding of Phiadelphia, and George Il. Chris,y,
Pittsburgh, for plaintiff.
OPINION,OF JUDGE GREER.
AsIwr;tc with difficulty can only state the con
clusions to which my mind has come alter careu
examination of this case
The complainant has exhibited a patent dated
a5th Of April 1865. This is prima i!cie evidence OF
a GOOD title, and puts on the respondents the bur
den of propr that the patent Is void or worthless.
need not repeat my remarks in the case of Good
year vs.. Day u Wall, c. c. Rep, 22e) but now
adopt them atiording rule OF decision which ap-
plies clearly to the present case.
As the infringement of the patent is admit ted,
the only question will he as TO the validity of com
plainants patent of April 25 1858.
.sIt 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
persua1ing the public that his invention useill;
after he had established its great utility and value
and "when his genius and patient persev vcrance in
spite of sncers and scohs, were completely sue
nents on the same subject, and was unsuccessful,
plagined that he had the best right to einvention,
n I'd after purchasing one OF more complainant tor
n docs he applied on the fst of November. 1867,
srr patent for substantially the same combina.
tion. Ut devices and n luc containeuin complain
ani,s ,atent On the 18th OF the same month ths
rasn,r, eurs formed themselves into company or
corpor.,, On called The Reed Torpedo Company,
for the nm, pose of Iiriting the cUmpainant's in
yentior. ant 81 eportinE the expense OF litigation
and thus defl, ut him oi the 'rlits. They have per
nronerly .,rante, by the Dis.ric; Judge.
Ipt Il crae he entered for complainant for per
netual jniuuctiou. and Master appointed 10 take
"A r. G. GRiER, Judge.
NorE.-The passar, referred to by Judge Grier il
his former decision. 3 u aiiace ?. 80 adOpIsd al
IN Is usually the case phen any valuable dscov
ery is made or any new MT 'c.ne VI treat ullity l.
invented that the attention me puoiic mas neei
turned to that subject previo nsly' ana mat man,
persons have been making res HIaes anu eSperi
ments Philosophers and mech. 'tnciaha may tav
IN some measure anticipated in ,''eL' specIalo,i
the possibility or probability OF an uiscovery q
invention; many experiments have .neeI success u
ly t1ied, coming very Lear. yet faliint sort 1i IN
desired result. They have produced n '.l!hs pene
fetal. The invention wheu perfected ny uuly .
sid to be the clIminating point of ma ny eAper n
men = not only by the inventor, hut by LTahv on
ors lie may hay. proiited Indirectly by II 9 qnsu;
ce .sful experiments and failures of others. put
piyes them DO right to claim share of the he !'or
| the profit of tho successful inventor 1t il ne
speculation has been reduced to practice, wher. eS
pertinent ha- resulted in discovery and when "A
discovery has been perfected by patient ana cont n
| ned experiments when some new compound, al
| manufactuye or machine has been thus prOducet
which useful 10 the public that the party making
becomes apublic bCneirctor and entit!edto patent
| "Aud yet when genius and patient perseverance,
have at lergth succeeded, in spite of sneers ant
scoffs some valu able invention or Gsco"ery, how
seldom Is /, followed by reward Envy r0bs hin
of the honor While Spectators, swipdIeis and pi
rates rob him of the profits. Every unsuccessful
exnerincnter who did or did Ord did not come yer,
near making n discovery now claims it. Every on
who can Invent all Improvement or vary its form
claims right to pirate the original discovery. ",
| need not summons Morse, or blanchard, or Wood
worth to prove that this is the usual history of
nv crea, discovery invention.
'.'rhe present case aods another chapter 70 thi
long and uniform history Wallace, G. g. Re
ports p. .92.