The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-07

FORPEDOES,
THE ROBERTS
RHTR0tHvM TORPEDO co.
Office at the
RED PLANNING MILL.
Corner Of Pine and second Streets,
Near tho RaiIrOadO
TITUsvILLE, PA.
Owing to the large and increasing demand for tho
Roberts Torpedoes, and the late decision of the
Commissioner of Patents In refusing to VIM Reed
apatent and the decision Of Judge r. G. Grier su s.
tanning the Roberts patent they have LOWERED
the price VI their Torpedoes
TWENTY. PER CENT
20 that every Operator can afford ,o:try = Torpedo
The following is the decision rendered by Judoe
Grier on the twenty.second (22l day of September.
1S69, in the United States Circuit Court at Phlade
phiq; The case was argued three days by Charles
N. Keller OF New York, b. +. Lucas and s. A. Pur.
Vance OF Pittsburgh, for defendants, and Georrc
Harding Of Philadelphia, and George L. Christy, Of
flttsbnrgh, for plaintiff
OPINION OF JUDGE GRIER.
AZ write with difficulty can only state the cop
Csl9ns 20 wn1cn my mind has come after a careful.
The complainant has exhibited patent dated
18th Of April, 1865. This is prma fcfe evidence ~
good title, AND puts on the respondents the bur.
dei OF proof that the patent Is void or worthless
need not repeat my remarks in the case of Coed
year vs Day Il Wall, C. c. Rep; 229,) but now
ADOPT inem as aifording rule Of decision which an.
plies clearly to the present case.
AS the infringement of the patent is almi, ted
the only question will bo TO She validity of
Plainants patent of April IS, 1858.
"lt was after speculation had been red,,cod to
practice" and after repeated experiments that TIM
complainant succeeded in overcoming he prrjudice
and ignorance OF the people. on the subject, and
persading the public that his invention was sesIl
after he had established its great utility and yalna
and when his genius and patient perseverance. in
spite OF sncers and scoils,n were completely sue.
Gessini, Una. heed' who had before made expert
inents on the same subject, and was unsuccessful
imagined that he had the best right to the invention
aud alter purchasing one more Complainants tor
pedoes, ne applied on the lst of November, 1857,
f0r patent for substantially the same combinn
ti0nS of devices and machine contained in COMPLAIN
ants patent. On the 18th of the same month the
respondesnts % osmed & themselves into company or
corporation called "The Reed Torpedo Conlpany.' ),
Tor the purpose OF pirating the complainant's In.
vention, and supporting the expense of litigation.
and thus defaud hih, Of the fruits. They have per
properly granted by the District Judge
Let a decree be entered for complainant for n per
petuai Injunction. and Master appointed to take
K c. GRIER, Judge
NOrE.-The passage referred to by judge Grier IN
MS former decision, 3 Wallace, p. 299 adopted as
applicable to this case was as follows va
ut Is usually the case, when any valuable discov
cry ls made, or any new machine Of great utility is
invented, that the attention of the public has been
turned to that subject previously and that mnnv
persons have been making researches and experi
nients. Philosophers and mechanicians NAV have
N some MEASURE anticipated in their specnlations
the possibility probability Of such discovery or
invention; many experiments have been successful
~ tiled, coming very near yet falling short of the
desired result. They have produced nothing benc.
hcial. The invention whom perfected may truly be
said to be the eliminating point of many experi.
mems, not only by the inventor, but by many 9th.
Ors. 10 may have protlted indirectly by the ilnsic.
cessfnl experiments and failures of others, but it
gives them no right to claim share of the honor of
the profit OF the successful inventor 1t is when
speculation has been reduced to practice, when ey
pertinent has resulted In Discovery and when that
uiscovery mas Deen periect'd by patient ana contin
ued experiments, when some new compound art
manufacture. or machine has been thus produced
which Is useful to thepublic that the party making il
becomes apublic benefactOr and entitled TO Datsnt
sand yet when genius and patient perseverance
nave ut length succeeded, in spite Of sneers and
seldom Is IL followed by reward Envy robs him
of the honor, while specuatOrs, swndlers and nj.
rates rob him of the profits. Every unsuccessful
expsrimenter who did or did or did not come very
near making discovery now claims it. Every ons
who can invent an Improvement or vary its form,
claims right to pirate the original discovery We
need not summons Morse, or Blanchard, or Wood.
worth to prove that this Is the usual history of eve
~ great discovery or invention.
"The present case aods another chautcr tn tbi. |
long and uniform history."-2 Wallace, c. 1. Re. |
ports p. ZOE.