The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-08-26
ROHFRrs' PETROLEUM TORPEDO.

HOHEkfS PETROLFUM TORPEDO.
'HORP EDOES
THE lsVRERTS
EETRglEgM TORPEDO Co.
Office ut the
RED PLAKING MILL.
Corner OF Pine and Second streets,
Near the kaiIroad,)
ITUSVILLE, Pa.
Owing to the large and increasing demand for the
Roberts Tcrpedoes, and The late decision of the
CJmmissionerof Patents in rerus sing to VIM. Reed
apatent and The decision of. Judge R. g. Gifer sus.
tainins the Roberts patent they have LOWERED
the price Of their Torpedoes
TWENTY; PER CENT.
go that every Operator can afford tv,try Torpedo
before abandoning Well.
The following is the decision rendered by .Judco
Srier on the twenty.second (22) day of September.
l5S IN the United states Circuit Court at Phlaiel
phfa. The case was argued three davs by Charles
y. heller oil New York, u, +. Lucas and & A pr
wance of Pittsburgh for defendants. and Georae,
nardng OF Philadelphia, and George H. Chris,v. n
OP1NlON.OF JUDGE GRIER
As write With difficulty can only state tho co,
cus.ons to which my mind has come after carei
examination Of this case. ''''-'
The complainant has exhibited patent dated
o.n o. Aprii, iSo5 This IS prma facie evidence of
eooo utie ana puts on the Respondents the bur
den OF proof that the patent is void or worthless.
need not repeat my remarks in the case of Good.
ycdr vs. Day II Wall, c. c. Rep; 22g but now
adopt them as ailording rule OF decision Witch an
Pies cieayly TO the present case.
=, AS the Infringement of the patent is admitted.
the only question will be rs to The validity Of COM
plainan's patent of April IS, Is5S. VI 'o'n'
~ was after speculation had been reduced to
praolice" ana alter repeated experiments that the
C@ohip'anant COZ succeeded in overcoming he prejudice
Nnu Ignorance OF tue people on the subject md
persuading the public that his invention was nses
after he had established its great utility and valve
s,to os ms ge9'us anc patient perseverance, in
cessfnl, that Reed, who had before made exne,i.
oi t,ie some suhlect, and was unsuccessful
.sgihea tlat ne had the best right to theinvention,
1u, lter parchhslng one or more complainant Tor
pedoes he applied on the LIST OF November, 1sf1.
!or a patent for substantially The same comI,;ro
t,o.s ci oevices and 'raclnc contained in complain
arts patent On the 18th o. The same month the
respondents formed themselves into a comnanv nr
corporation called "1he Reed Torpedo Company y
1or the purpose OF pirating the compainani's in.
vei'oi, ahd supporting the expense of litigation
ana thus defaud h'sl Of the fruits. They have ner
suvered even after the preliminary Injunction very
propery granted by the District Judge wy
Jet decree be entered for complainant for n nor
pe'uai injunction, ard saster appointed IN fake
an account according to the prayer of the bill.
Il. T. GRIER, Judge.
NorE.-The passage referred to by Judge Grier in
his former decision, Wallace, D. 800 adopted ,s as
applicable to this case was az follows; '
III ls usually the case, when any valuable discov
cry is made or any new machine of great u,iiitv l.;
nven,ea tEat t'e attention of the public has been
turned to that subject previously, and that mann
persons have been making researches and eynsr;
l1ens Philosophers and n,cchanicans NAV lave
IN fo'ne measure anticipated in their spacnatinns
tn" possibility or probability of such discovery or
invention; many experiments have been successful
uled coming very near. yet failing short of the
desired result. They have produced noihno bcnr.
hcial The invention when perfected NAV Irulv be ,
sslo To be the eliminating point of many evneri |
ineh 9, not only blythe inventor. hut by many vth.
US W ne nay nav. proiited indirectly by the lnsc.
cessiui Experiments and failures of Others but II
ewes teen no ght to aim share of the hcnor Of
tne Dfolt OF tie successful inventor II Ia ,vbon
specYanon has been reduced to practice whar ey
pertinent has resulted In discovery and when that
10y ,n na peen perfected by patient con,n
'eo experiments, when some new compound art
l'nn!ictuie, or nachire has been thus produced
which Is useful to the public TINT the party nrakinrit
becomes public beiiefictor ana entitled to a patent
ANA yet when genius and patient perseyeranca
o, rg u, engtn sncsseqs 90, In spite OF snrers and
eldom Ii il followed BY reward Envy robs him |
tle nonOr, white spectators, swirllers and nj: |
l'"i ron him OF the profits. Every uu,nccs.sfnl |
. Apeiimen'er vino did or did or did rot come yary
ear making discovery now claims H. Evarv on, |
rho can invent an impro1 emeut or vary its arm
!aims right to pirate the original discovery we
eeu not summons Morse, or Blanchard or Wood |
orth to prove that this is the uslia history of eve
er"at discovery or invention.
org and uniform history."-2 Wallace, C. L. Re
0rts p. 29a.