The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-10


ROBERTS PETROLEUM TORPEDO.
TORPEOOES.
THE ROBERTS
PTTRokHUM TORPEDO 90.
Office at the
RED pLANINC MILL,
Usraer OF Pine and second Streets,
Near sho RatirOaa,)
ITUsvILLE, PA.
Owing to the largc and increasing demand for the
Rebrts Torpedoes, and the late decision of the
Conmlssiosee Of Patents in refusing to Wm Reed
patent, and the decision Of Judge X q. Gr1er sus-
tslning the Roberts patent thcy have LOWERED
tAs pfloe Of their Torpedoes
TWENTY. PER CENT.
- tA9s evsry Operator can afford to'try o Torpedo
bs1ore abandoning Well.
1be following is the decision rendered BY judge
s9sr ca the tventy,second (22) day of September,
p1ia. The case was argued three days by Charles
y. Keller Of New York, b. =. Lucas and s. A. Pur-
Mance Of Pittshurgh, for defendants, and George.
III. v.
Pittsburgh, for plaintiff.
OPINION OF JUDGE aR1RR
~ write Sith difHculty can only state the con
cless:ns to which my mind has come after csreiii
examination Of this case
OFT Ths complainant h:s exhibited pasen. dated
9 good title, and 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.
adopt them a. affording rule OF decision which ap
plies clearly to the present case.
As the infringement Of the patent Is admit ted,
plainans patent of April IS, 1858. WIN
~ was after speculation had been reduced to
pace ana aiter repeated experiments, that the
complainant succeeded in overcoming he prejudice
ana ignorance OF the people on the subject, and
persuading the public that his invention was usefu
after he mad established Its great utility and value,
ana "when his genius and patient perseverance, in
ccssfhl, that Reed, who had before made experi
ments on the same subject and was unsuccersfui.
imagined that he had the hest right to the invention,
pedoes. he applied ON the LIST of November. is,;7.
for patent for substantially the same combina
fions ot devices and machine contained In complain
tnt's patent On the 18th of the same month the
respondents formed themselves into conpsny or
corporation called 1.-THE Reed Torpedo Company"
Lor the purpose Of pirating the compainant's in.
and thus dsfraud him OF the fruits They have ne.
sefered even utter the preliminary injunction yery
properly granted by the District Judge
et decree be entered for complainant for per-
petual Injunction. and a Master appointed TO take
AN account according to the prayer Of the bill.
r. e. GRIER, Judge
Norg.-The passage referred to bv Judge Grier in
his :crlner decision, Wallace, p. 800 adopted as
applicable to this case was as follows:
Ut ia usually the case, when any valuable i.coy.
invented, that the attention of the public has been
turned to that subject previously, and that MANY
persons have been making researches and .experi.
,1ents. Philosophers and mechanicians NAV have
the possibility or probability of such discovery or
Invention; many experiments have been successful
y tiled, coming very near. yet falling short OF the
aes,fed RESULT. Iney have produced nothing bene-
nciai. The invention when perfected may truly be
ssid to be the eliminating point OF many exDeri. |
men g, not only by the inventor, but by MANY 9TH
ors. he may have proflted indirectly by the 1nsuc-
gives them right to claim share of the honor of
The profit Of the successful inventor IL is when
speculation has been reduced to practice, when ex.
scovery has been perfect by patient ana contin.
ued experiments, when some new compound. ART.
or machine has been thu. produced
wh'ch is useful that the party making
Se@omes apubc cbenefhctOr and entitled to patent |
Aud yet when genius and patient perseverance,
hare at length succeeded, In spite of snpers and
SCOTS, some valuable invention or discovery, how
Is II folISwea % by reward Envy robs him
rates rob him Of the profits. Every unsuccessfnl
pxperinenter who did or did or did not come yery
n.ar making a discovery now claims 1t. Every ons
Who can Invent an Improvement or vary its f,rm.
claims right to pirate the original discovery. We
heed not summons Morse, or Blanchard, or Wood |
worth to prove that this is tho usual history of eve
~ great discovery or invention
"The present case adds another chapter to this
long and uniform history."-2 Wallace, c. e. Re-
ports p. 232.