The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-28
aUBEkTs PETROLEUM TORPEDO,
sOBEkTS PETROLEUM TORPEDO.
TORP ES.
THE ROB ERTS
PETROLEUM TORPEDO co.
Office at the
Ran PLANNING MILL,
Corner OF Pine and second Strocts,
Near the lsatIroad,)
TrrUSVILLE, Pa. ::

Commissioner OF Patents ia refusing to Nm Reed
patent, and the decis! IN of Judge a. Grier sus
tanning the Roberts' patent they nave LOWkIiEp
the price Of their Torpedo,s
TWENTY. PER CENT.
40 that every Operator afford " try q Torpedo
before abandoning Well.
The following is the decision rendered BY Judge
Grier on tue twenty-second (22l day of September,
1859, in the United States Circuit Court Ph:ladel-
NJ. Keller of New York, B. \. Lucas and s A. Pur.
VANCE of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George II. Chris,y Sf
Pittsburgh, for paintia.
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusions to which my mind has come after . careful
examination Of this case
The complainant has exhibited a patent dated
25th Of April, lS65. This is prma iacir evidence OF
good title, and puts on the respondents the bur
den of proof that the patent is void or worthless
nced not repeat my remarks In the case of Good
year vs.. Day IL Wall, G. &. Rep; 229.) but now
adopt them as ailording rule Oi decision which an
plies clearly to thc present case.
As the Infringement Of the patent is admi, ted
the only question will be to the validity of COM,
plainanis patent of April -, lS5S.
1T was after speculation had been reduced to
practice, and alter repeated experiments thar the
complainant succeeded in overcoming he prejudice
and ignorance of the people the subject, and
persuadng the public that his invocation was useml:
after he had established its great utility and yalue
and when his genius and patient perseverance, in
spite of sncers and scOiis,' were completely sue.
ces>ful, that Reed, who had before made experi.
menis on the same suoeet, and was unsuccessful,
imagined that he had the best right to the invention
ard alter purchasing one more complainant. Tor
pedoeS. he applied On the LIST of November, lsrI
| for patent for substantially the same combiua.
tions of devices and achine contained in complain
auts patent. On the 18th Of the same month the
| respondents formed themselves into a company or
corporation called "rne Reed Torpedo Company,
| FOR the purpose OF pirating the cUmp,anant's in
| ventlOu, anu stppDrtllr the "a Hfiy,tinn
and thus defraud him Of the fruits They have De.
severed, even after the preliminary injunction very
| properly granted by the District Judge
| Let decree be entered for complainant for per
petual !njunction, and Master appointed to tax,
an account according to the prayer Of the bill
r. c. GRIER, Judge.
NorE.-The passage referred to by Judge Grier I,
his former decision, Wallace, p. 2S9 adopted a;
app icabie to this case was rs follows:
at Is usually the case, when any valuable discoy
cry is made, or any new machine of great u,ity il
invented that the attention of the public has beer
turned to that subject previously, and that man,
persons have been making researches and experi
ments. Philosophers and mechanicians NAV nav
III some measure anticipated in their speculation
the possibility Or probability of such discovery O
invention; many experiments have beet successful
ly tiled, coming very near. yet falling short of tn
Geslred result. They have produced nothing bent
hclal. The invention whel perfected may truly b
said to be the eliminating point OF manv expert
men :, not only by the inventor, but by MANY 9th
Ors. lie may hav. proied indirectly by the I'm .rIC
ce-sful experiments and failures of Others, but
gives them no right to ca m share OF the he nor
the profit of the successful inventor 1t is whe
speculation has been reduced to practice, when ey
pertinent ha- resulted in discovery and when tina
discovery has been perfected by patient ana contiI
ued experiments, when some new compound ar
manuiacture, or machine has been thus produce
which Is useful to public that the party making
becomes apublic benefactor and entitled to Latent
, "And yet when genius and patient perseverance
have at length succeeded, in spite of sneers an
SCOTS, some valuable invention or discovery no,
seldom is il followed by reward Envy robs hin
Of the honor, whiie spectators, swindlels and d
rates rob him of the profits. Every unsuccess!,
eXpermenter who did or did or did not come y.r
near making discovery claims IL. Every On
who can invent an Improvement or vary its form
claims right to pirate the original discovery W
need not summons Morse, or Blanchard, or Woo,
worth to prove that this is the usual history of cy
ry great discovery OF invention.
'"Ihe present case aods another chapter to tn
long and uniform history."-2 Wallace, G. Z. X
ports p. 29a.