The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-21
R0BEaFY PETRVEEUM TORpEDo.
T.O.RP EDOES.
THE ROBERTS
pETRDLEUM FBHpEDD CO.
OfSice at she
Il ED E'LANING MILL.
Corner of Pine and SeeoNtl Streets,
Near rhe fsatirOad,)
TITUSVILLE, Pa. :.
H0BERFS PETRvEEUM ToRpEDo.

Owing to the large and increasing demand for the
K"oarts' forpeioes, and the late decision OF the
Commissioner OF Patents In refusing to " IN. Reed
patent and the decision .. judge z. G. Grler sus-
iaiaiiE the Roberts p'tent they have LOW ERED d
Sic price Of their Torpedoes
TWENTY PER CENp.
40 t,a, cvry Operator can afford 10 try q Torpedo
bacrs aoltdoning Well.
I'he following il the decision rendered by ,JuSve
Gricr on the twenty second (22l day of Se1tember
jSp, in the United States Circnit Court Mt Phladel'
phia The case was argued three DAYS by Charles
NJ Keller Of New York, Il. Y. Lucas and y A. Pur-
y.ance of Pittsburgh, for defendants and George
Harding OF Philadelphia and George IL Chrisiy. OF
Pitsssurgh, for plaintiff.
OPINION or JUDGE GREER.
A. write with ditiiculty can only state the con
clusions to which my mind has come after carsiu
examination of this case.
The complainant has exhibited ratcnt dated
18th Of April 1860 This is prima facie violence OF
good title, and puts on the respondents the bur
den Of proof that the ixtent Is void or worthless
need nottcpeat my remarks in the case Of Good
year vs.. Day't2 Wall, c. C. Rep 229.) bat now
atop. them a. aiording rule OF decision which ap-
pie. clearly to the present case.
As the infringement of the pateif is almi, ted
the only question will be as to the validity OF com
plainan's patent of Aprii 2i.iS5S
: ''lt was after speculation had been reduced 10
piacicc,' and after repeated experiments that the
complainant succeeded in overcoming he prejudice
aad ignorance OF the people On tho subject and
rf,er ne had established IL. great utility and vain.
ard "w,en his genius patient pci-severaure i'm
spite OF fsncers and scof-,n were completely sl;f-
ecs.tal, that Heed, who had before made cyperi-
meats On the same subject, and was unsnccps-fll
inagnei that he had the best right t1teinvcntien to
and after purchasing one more CO nnlanants Tor
pedoes. ne applieo on the lst Of November, 1867
for patent for substantially the same cOrnl,ina
fiuns of devices and aChinr contained in complain
ani's patent On the 10th Of the SAME month the
Respondents formed themselves into u COMPANY or
corporation called 'inc Reed lorDetO Coinpany -
for the purpose of pigsting the camplainant's in.
Vention, ai1 supplrtng the expense of litigation.
ana th' defraud hin uf the fruits. They have DC.
severed. oven after the preliminary Injunction very
properly grsniei by tire District Judge
Let decree be entered forcomplainlnt for Il per
pctual Injunction. and a iasfer appointed TO fake
~ account according To the prayer of the bill
Il. Z. GRIEG, Judge
Norg.-Tha passage referred 70 bv judge Grier il,
his former decision, Wallace. p. .g9 aicn;ed rs
mp icibie to this case was As follows:
it Is usually the case. when any valuable discov.
cry Is made, or any new machine Of .reat uiity il
Invented, that theatentun Of the public In, 6ep,,
turned to that subicst previously. and that many
persons have been making researches and expert
pent. Philosophers nui. iIleCltlnicians NAV hayr
n same measure anticipated in their sDecuatious
the ssioliity or ptuaDty Of such discovery or
inyention many experiments have bee, successful
~ ttleu, coming very nejr. yet falling short OF the
cesired result. They have produced no hing bene-
neal, The Invention "heu perfected mdy truly be
Tald 70 bc the eliminating point oi MANY expert
J.
or> .e may have pruite1 indirecsy by The pnsIlc-
ceSs.u experiments and failures Of others hut IL
fi'es Mem no right to ca n sh hirc OF the hcnor Of
ihe pror, OF the sutCossul inventor IL !. when
speculation ir;;s been reduced to Slracce when ex-
pertinent la resulted in dis ;oyery aal when t!at
discovery has been perfected by patient ana contin-
ned experiments, when some icV comuonnl art
hianuiactuie, or naiaine has been thu produced
when IS useu To the ihlic, that the par, making /,
teeonscs apu5iic beiciactcr unidentified to pa ent
"AnG vet when Ceniu1 ard patient perseverance,
have IT length succeeded, in s2ie of -n, era and
sco.is, t1rie yaiuio!e Invention disco"ory, hsw
seldom l. II fOi!oWct by reward Envy rnbS Kim
of tue honor, viii specuators, swndlefs. aud ,i-
rates rob him Of the profits. Every unsuccessful,
eXDer!menIer who did or did or did not come very
near making discovery now claims IT, kycry ons
who can invent an inprove;ncut vary its form,
claims righl 10 pira'e the original disc VERY We
need not summons Nose Blanchard. or Wood
worth to prove that this is the usual history of eve
ry great discovery or invention.
"The present case ADDS another chapter 70 tiii.
hong and uniform his,ory.'2 Wallace, &. L. Re-
ports p. 292.