The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-09
...IOHpltDOES.
THE ROB ERTS
PETROLEUM TORPEDO co.
Office ~ the
RED PLAEINC MILL,
COrA0r or PiMc and second Streets,
;Near tnc Raiiroad,)
ITUSVILLE, Pa.

cwinR to the large and Increasing demand for the
Roberts TorpelDes aud the late decision OF the
tConimisioner Of Patents in refusing to VIM. Reed
patent. and the dccisi m Oi Ju1c r. q. Gricr sus-
tanning the Roberts pl,ent they have LOWERED
the price Of their T6rpsdoes
TWENTY. FER CENT.
en- that every Operator can afford 10 try Torpcdo
before abandoning Well.
rbe following is the decision rendered by Judge
Grior on the twenty second t.2l day of September
1S9, III the United States Circuit Court at Pladel.
Rhia The case was argaed three days by Charles
M. kell'r OF New York, Is. y. Lucas dnl :. A. Pur-
tiance of l1tts hurgh, for defendants. and George
Harding Of ri.iladelpha, and George Il. Chrsty, of
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
cusions to which my mind has come after caretu
examination Of this case
The comnlain mt has exhibited a patent dated
2sth Of April, 1S65 This IL prima ace evidence OF
#. good title aud puts on the respondents the bur.
den OF proof that the patent il void or worthless
need not repeat my remarks in the case of Good
adopt them as afording rule of decision which an.
pics clearly TO the present case.
As the fniringernent of the patent is admit ted,
the only question will be as to the validity of com
piainants patent Of April 25, 1858.
"it was after speculation had been reduced to
pr'scice and afler repeated experiments, that the
complainant succeeded in overcoming he preiudicp
an0 ignorance of the people on the subject and
peisuatnY the ru6lic that his invention was usefl:
after ne had established its great utility and value
and "when hs geliius and patient perseverance, in
spite of si,t ers and scoffs,n were completelv suc
cessful, that Reed, who had before made expert.
ments on t!ie same subject and was unsuccessful
imainei tiat he had the best right to the invention
and alter purchasing one ot more Complainants tor
-pedoes. he applied on the 1st of November, 1857,
fora patcpt Tor substantially the same cOmbina.
uciis Oh aeviceS ana pachine contained in complain
ante patent. On the 10Th of the same month the
respondents formed thems yes into company ar
corporation called .The Reed Torpedo Company"
TOT the purpose OF nirating the compainani's In.
veption, AMI supporting the expense OF litigation
and thus deiraud him of tho fruits. They have PEI
severed. even agr the preliminary Injunction very
properly granted bv the District Judge
Let decree be entered for complainant for n pcr.
pet,iai injunction. and n Master appointed to take
IN account according to the prayer Of the bill
NorE.--The passage referred 10 bv Judge Grer in
his inrner decision, Wallace, p. 800 adopted as
app icatie tn this was as follows:
1T Ia n-uallythe case, when any valuable discoy
cry II made, or .ny new machine of great ;iijtv is
iuyeired, that the attention of the public has hern
turnen to that subject previously. and that many
persons have heen making researches and ex,,eri.
1nen,s. PHILOSOPHERS and mcchanicans NAV have
III come measure anticipated i'll their specuatious
the possibility or PROBABILITY Of such discovery or
invention; many experiments have been successful
BY tIied, coming very near. yet falling short of the
desired result. They have produced nothing bepe.
fetal. The Invention when perfected may truly be
said 10 he the eliminating point of many experi.
1nsn u, not only by tie inventor, bur by many 9th.
ors. lie may lmve proted indirectly by the uns,c-
sessfu experiments aud failures of others, hut it
gives them right to ella IN share OF the honor of
the profit of tire successful inventor 1t il when |
specU aton has been reduced to practice, when ex.
pertinent has resulted in dis;1verv, and when that
discovery has been perieci by patient anu cOntin-
uei experiments, when some new compound. art !
Manufacture, or machine has been hu- producer, |
which Is useful 10 public, that the party making il
become. apublc beiieactUr and entitled to a patent
Aud yet when genius and patient perseverance, |
have nj length succeeded, in spite of surers and |
s.uffd so,re valuable invention or cisco"ery, how
seidor IS il followed by reward Envy rob- him |
of the honor. v e speculators, swindlc s. and nj |
rates rJb him of tho profits. Every un,uccessiul |
eX,."r.nen who did or did did not come very |
hear nasing discovery now claims it. Every ons |
who can Invent M Improvement vary its form |
s;lams right u irate the original discovery We
need not BammonS Norss. or Blanchard or Wood |
worth prove trat this is tbs usual history of eve
~ great discovery or invention.
1.-The preseiit case aohs another chapter to this
long and uniform history."-2 Wallace, C. =. Re
ports y. 292.