The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-22

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ROBERTS PETROLEUM TORPEDO. |
TORPEDOES.I |
THE ROBERTS
PETROLEUM TOasEDo 90. |
O'iicv I. the
RED PLANING MILL.|
HCornsr OF PiDa and second ssrccts.
. Smear me lsaiirOad,)
ITusvILLR, Pa.
Owins to The iarce nnd increasing demand for the
ROberit Torpdos., and che ls,o derison Of the
Commissioner Of Patents in refusing to VIM. Reed
patent. and the decision OF Jud r. e. Giier sus.
tairi.is the Kobsrts' patent they .llsve LOWERED
tire pfice of their TorpcdOes
TWENTY PER CENT.
so that every Operator can aEor1s.v try a Turpcto
be.uIe abandoning Well.
lhe following is the decision rendered h. Jndpe
SSIier on the twepty.secont a1) da, of September
1sas in the Uh.:.d stat Circui. Court ut Phadel.
phia. The case was argued I'm. d.ys by Charles
y. kelitr If Now York. B. r. ..uca, aal s. 4. Pnr'
Vance Of r;tshurRh for dsendants, and Georgef
{lMCluS vi IJil..uPisi,lu ana JeJl.se TX, Clri
Pittsburgh, for pla,nrk
OPTION. oF JJDGE CRIERI
A. write with aiGica.tv an orr state the con
clusion' % which my mind hats come after carefi,
examination Of this case.
h dns Of p i ehsea 1 p scipp pateTt s;s.ss dated
soo'i title. and puts on the responder, the bur
den OF proof that the patent is void I'd prthless.
i neeo & lot repeat my remarks in tliH aseDf Good
year w; Day t2 Wall, O. c. Rep; ..0J hut now
adopt them as atorfng rule OF decision which ap
plies cl' arly to the presant csse. ~
As me infrnsem.n. # the Patent is admit ted,
the only question will he rs to thu validity of com
piain6n's patent OF Ar. j q. 1858
"lt ws ait.r .,eculator md tsen ,cduced 10
pao ,ce' ARD at er Re, e,, expert .ents, that the
con'pia int sucoeelc II ovcrcc ling he prejudice
atd igI.. -aace os the people On tho subject. and
persuading the piDlit that hs IGNITION was usefnl:
:atsr ne had established "a greai i:ty and value,
spite Of .-ccr: .,nd scou.,' were completely spc.
cessful, LAT heed. who lad before made experi.
n tnts on the s'i';o subject, and was unsuccessful
imagined tia' 'e ha the hest right to the INVENTION
and ate. pure .asins o- oa more Comnainanr,s "a tnr
pedoe' he applied on me list Of November. 1887.
i ier patent ior sr,ss'ntily tn, same combina.
nnt's pat.lt. TN the' 18th o. tie same month The
respond 9nts iornsd ,he selves irto o Company or
SorpSl"lon co. ei'li,l oh Reed Torpedo Company"
iof !ae p., pose q. pi:,tne the complanant's in.
Ve..nSl AL sncportin.; "a expense OF Litigation,
Al IiiIs dsfraud hs of the fs,ils ~ ey have pec.
seIered even ,.;er sne p.om 'M.y mi motion very
Let decree ba ent.ret for complainant for a per.
petLai .njunc.ioi ard Master altOinted TO tnke
an account according to the prayer Of the bill
II. y. GRIER, Judge.
NorE-Tiic pas sage referred to bv Judge Grier in
Ms FORMER decis'Lr, Wallace, D. 2gJ adopted as
applc,,bfe TO this case was a. follows:
1T is usually The case, when any valuable dscoy.
cry made, or any new machine Of great utility IL
h'oaed, that theal'e'''on of the public has been
turned to that su"ect previously, ard that many
persons iinvs beel iliking researches aud expert.
n.ents. Philosophers aud nlschanicians NAV have
III some measure n tC'Datet in their speclilatOns
the po sbit. CT obcbility OF such discovery or
in'en:t3h; many experiments have been successful.
u nied, coni;. We ear. Yes falling short of the
dc.irsd result. They have produced nothing bene
fetal. To, la n;ion waeh perfected may truly be
s.id to be the eliminating pr'nt OF many expert.
mon ., net only by the inveLt,-, hrt by many 9th.
Ors. He may have prOfteo intiectly by the iinsuc.
cessful experiments and failures of others, but II
the profit OF the successful inventor 1t is when
speculation h1s b"@' reduced to practice when az.
pertinent has resLi.s1 in discovery and when that
discovery has been perfected by patient anc cOntin.
ananulactuie Gr maci,.'c has been thus produced
which is usc'nl 10 the public, tht the party makiugit
beeo .ies api6c Lcnf ncor aud entitle.! to patsnt
"Aud yet When scniG, and patient perseverance
sco.fs some valuable invention OF Gisco"ery how
se,oln IL Il followed by reward Envy robs him
Of the honor, hiie spoculators, swindle,s and pi-
rates rob him Of the profit Every unsuccessiul
expetmertcr who did or dla or did not come very
near riaA.ng discovery now Claims it. Every Ons
who can i.,9, at M improvement or vary its form,
claiIas rgh, 10 pirate the original discovery. We
need pos summons Nc ~, OF Blanchard, or Wood
II sr.a, liscOvery OK invention.
eth D.ssent case Ids another chapter to this
dong ~. uniform histor, 90 Wallace, &C. O. Re.
ports p se3.