The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-28
ROBERTS PETROLEUM TORPEDO.

Owing TO the large ana increasng dcnipnd for the
Roberts Torpedoes, anlihc tl,c decision OF ,he
Commissioner of rateuts'in NetuSmss 10 VIM. Reed
patent. AID the decision Of Judge r. G Glier sis
tanning the Roberts patcnt thcys sAaye LOWERED
the price of their TorpcdocB
TWENTY PER CENT. .I
so that every Operator can afford 10 try Torpedo
before abandoning u well.
rhc following Is the decision rendered by judge
Gricr tlIc twcnty-second t22l dny of Sentcmhcr
lSG0, in the United States Circuit Court ut PlHadel-
phia Tho case WIS argued three dsys bv Charles
NJ. Keller Of New York, d. y. LucSs AMI :. A. Pnr.
vanre of Pittsburgh for defendants, and Geerle
Hardng Of Philadelphia, and George Ii. Christy, .
Pittsburgh, for plaintiff.
i OPINION OF JUDGE GRIEf
As write with difficulty CIR only s,ate tho con
clisions to which my mind has come after careiu.
examination of this case.
The comalainnt has exhibited a7patentrdateE
25th of April. 1865 This is prna iacic evidence OF
a good title and puts on tho respondents the bur
den of proof that the patent Is void or worthless
nccd not ,epeat my remarks in the case Of Good.
yeir vs. Day q Wall, c. {. Rep; 220) but now
,lopt them as aiiordng rule Of decision which ap-
plies clearly to the present case. .5
as the Infringement of the patent ia a1rlii ted,
the only question will be the validity OF com.
planan,s patent OF April 25, lS5S.
at was after speculation had been reduced IN
prac ice aud after repeated experiments that the
complainant succeeded i'll overcoming he prejudice
aud Ignorance of the people on the subject, and
after he had established its great utility and value
and "when hls genius ard latient perseverance, in
suite of sncers and scOiis,' were completely sut
cessfrl, that Reed, who had before made czperi
ments on She same subject, and wus unsucces. iul
imagined that he had the best wight to the invention
ard after purchasing one ot more conDlainaut'S TOR
pedocs, he applied ON the l>t of November, 1851.
for patent for substantially the same Comlina.
tiDns of devices and maiinr contained in complain
ants patent On the 18th Of the same month the
respondents iorned themselves into company o..
Nr.sl. 1l,..I a.lf 7 -
forthe purpose of piratina the cSmplanani's in.
vcntion, and supporting the expense oi litigation
and thus defrauG him of the fruits They have pe
severed even qitcr the preliminary Injunction Very
properly granted by the District Judge.
Let decree he entered for complainant for a per
petrial infIuctnpn ald Master appointed TO take
an account accordin.s 70 The prayer Of he bill.
Nors.---Tie rissase referred TO by Judge Grier in
his former decis Ui Wallace, p. 289 adopted as
.ap9licahle to this case was rs follows
iiI is usually the case, when any valuable disc,
cry is 7iadc, q, uuy new rcilirie OF Greet mi i:v l.
invented. IhGt the attention Of the public has feaa
turned to Tint subject previously, and that many
person. Shave been nr,hing researches and eypsrf.
ment.. Philosophers and mechgnciaus NAV have,
IN some measure anticipated in tlIer sbacuailaus
the possibility Or probability of such discovery or
Invention; many experiments have heeu SuC'cts-fn
ly';Iied, coming very ner. get falling short 0i the
desired result. They have produced nothing bone
iical. The invention whel perfected may truly be
Z
men :, not only byiGC inventor. hut h. MANY 9TH
ors lie may have proed indirectly by the im,s,c.
&C ssful cxperiments and failures Uf ct.iers but if
.ives the right to clam share Of the honor of
| heproit Of tho successful inventor Il is when
spaculation has been reduced TO Practice when ey
pertinent Las resulted IN discovery. and when nat
discovery has been peiiec;cd by patient ana coEtn
uei experiments when some new compound. art
manufacture on machine has Dcen thus produced
vail ct.i,GYiul to che pa5.cIlg! the party Iiali.ugit
DC ,oirs public ben elctOrard entitled 70 . pent
1rs.f T,kfi,p ptstlT ~ nd
have length succecdei, in s,iie If sueers and
SCOTS, some vsluaBle invention or Gisco"ely, how
seldom is il followed by reward Envy roDs him
of tnehonor. v whGsgocuators, synders and pi
rates rob lin Of tie pfoits. Every unsuccessful
c.lrer'menter who did ordld or did not come very
near making u discovery now ci.,ims it, Every ous
who can invent an Improvement vary its form
Chains right 10 lilrate the ORIGINAL discovery We
need not summons. Morsc, OF blanchard. or WOOD
worth prove that this Is the usual history of eve
ry great discovery or invention.
'.Ihe present c,-e adds another chapter 10 this
lonacand Uniform history % Wallace, c. q Re
ports y. go! -