The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-08-31

1OHI CADOIO.
THE ROB ERTs
PETROLEUM TORPEDO co.
Office at the
RED PLANNING MILL,
Corner OF Pine and second Streets,
Near tho RaiirOad,)
ITUsVILLE, PA.
S)vipe 10 the large and increasing demand for the
Roberto Torpedoes, and the late decision Of the
Commissioner of Patents In refusing to VIM. Reed
patent. And the decision Of Judge n. Y. Grer sus
talning ,he Koberts' patent they have LOWERED
the price of their Torpedoes
TWENTY. PER CENT.
10 that every Operator can afford ,v,try Torpedo
before abandoning Well
The following is the decision rendered by Judre
1919, In the United States Circuit Court at Plade
phis The case was argned three days by Charles
NJ. Keller Of New York, d. y: Lucas and s. A. Pur.
Harding Of Philadelphia, and George H. Christy, Of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GR1ER.
As write with difficulty can only state the con
elnsions to which my mind has come after careful.
examination Of this case. /
25th Of April 1865 This is prima facie evidence OF
good utle and puts on the respondents the bur.
den Of proof that the patent is void or worthless.
year ", Day u Wall, G. C. Rep; 229) but now
adopt them as siFordng rule OF decision which an.
plies clearly to the present case.
A the Infringement Of the patent IL adiui, ted
the only question will be to the validity of com
plainan's patent OF April 25, 1858.
"lt was after speculation had been reduced to
practice and after repeated experiments that the
Complainant succeeded in overcoming he prejudice
and ignorance OF the people on the subject and
persradins the Phblic that his invention was use!u
spite Of sneers and scoff.," were completely sue
ccssfnl, that Reed, who had before made expert
mcnts on the same subject, and was rnsuccessf,i
Imagined that he had the best right to tile invention
aud alter purchasing one OF more complainant tor
pedocs he applied ON the ist Of November, 1867,
for patent FOR substantially the same comtina
tiuns Of devices and nachnc contained in complain.
ants patent. On the 18th OF the same month the
Respondents formed themselves into "a company or
corporation called "'rhe Reed Torpedo Company"
for the purpose of piratng the cumplainani's in.
vention, and supporting the expense of litigation,
ard thus dsfrsud him OF the fruits. They hive per
propesiy granted by tho District Jd9. 1n'0h very
Let decree he entered for complainant for per.
pct,L injunction. and Master appointed TO take
sn account according to the prayer Of the bill
NorE.-The passage referred to bv Judge Grier In
Ills fnrnG decision, Wallace, p. 299 adopted as
applicable to this case was ns follows:
at is usually the case, when any valuable discoy
cry IL made, or any new machine Of great uiity IA
invented, that the attention of the public has been
turned to that subject previously, and that many
persons have been making researches and cxperi.
inents. Philosophers and mechanicians NAV bnye
MEASURE anticipated IN their specIilations
the possibility or probability Of sueh discovery or
tnventl0x many experiments have been successful.
ly tried, coming very near yet falling short of the
desired result. They have produced nothing bepe.
fcial The invention whet perfected may truly be
s@id to he the eliminating point OF many expert.
IL e Il, not only by the inventor. hut by many 9TH.
urs. lie may have pr0ited indirectly bv the i,nsuc.
cessfll experiments and failures of Others but II |
gives them right to claim share of the honor of
the profit of the successful inventor II il when
speculation has been reduced to practice, when en-
pertinent ia. resulted In discovery and when that
discovery has been perfected by patient ana contn
ued experiments. when some new compound art |
manufacture. or machine has bean ihn. produced |
which 10 useful to the public that the party making II
bsaOmes apublic benefactor and entitled to Iatent
"Aud yet when geniu. and patti mt perseverance |
have ut length succeeded, In spite Of an, era and
srofs, seine valuable invention or discovery, how
Seldom L. IL followed by reward Envy robs him
of the honor, While speculaOrs, swindle T. and nj |
racs rob him of the profits Every un,uccess,uI |
expermenter who did or did or did not come y,ry
near making discovery nuw claims IL. Every ons
who can Invent an Improvement or vary its form.
need not summons Morse or Blanchard tr Wood |
worth to prove that this Ia the usual history of cy,
~ great discovery or invention.
"'l'he present case aads another chapter to this
long and uniform history."2 Wallace, c. L. Ike
ports p. 292