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

Owing 20 the large and increasing demand rNr The
Roberts Torpelpcs, and the late decision of the
Commi. sioner of Patents in reiu sing to VIM. Reed
a patent AID ne dici,i1n Of judge r. { Crier sus-
,ainin- he itobe-ts' patent they have LOWERED
tie plIce of their TorpcGo,s
TWENTY PER CENT.
so that cvory Operator can afford 10 try Torpedo
| before abandoning Wen.
The following is the decision rendered by Iraoo
Crcr on the twenty-second (22l dnv of S.,,tenbsr
| 1859, in the United States Circuit Court Mt PhIade
| phi'. The cnsc was argued three days bv CHARLES
N. Keller af New York, b . Lucas and 5. a. Pur .
viance OF Pittsburgh, for dcfcndAnts and Ceornc
Harding of Philadelphia, and George II. lhlisty,
| PitIsourgh, for plaintiff.
UPINloNs or JUDGE GRIER.,
As write with difficulty can only state the co,
clusions to which my mind has como after q caretn
examination Of this case.
The com lainAnt has exhibited aTpatcnt, da.fd
18th of April 1855. This is prma iacie evidence of
n good title, aud pats on the respondents the bur
den OF proof that the patent is void or worthless
noei not repeat myl emarks in the case of Good
year W. Day q Wall, c. c. Rel; 2.9,) bot now
adopt them as allordin. rule o..decsion which an
pies clearly to the present c,se.
IA the Infringement of the patent Is admit ted
the only question will be to the validity OF com
plananis patent Of April %, 1858.
at after speculation had been reduced IN
practice and after repeated experiments. that the
mplainant succeeded in overcoming he prpidcn
aud ignorance of the people ON tie subject and
pcrsuacng the public that his invention was nsclnl.
after he had established its great utility and v,Ire'
and "when his genius and patient perseverance in
spite of sncors and scofis,n were completely s,,c
cessful, that Reed, who had before made cy,,ori
mcnts on the same subject. and was unsucces.fnl
imagined TINT he had the best right to the invention
and after purchasing one OF more Co npainant'. tor
pedoes, he applied on the LIST of November 1851.
for patent for substantially the same comhina.
tiuns of devices ard achiur cJitained in comnIon
ants patcnt On the 18th of the same month the
respondents formed themselves intoa COMPANY or
corporation called The Reed Torpedo Company
for the purpose OF pirating the c0mplainant's in
vention, and supporting the expense Of litigation,
and thus defraud him Of the fruits. They have pe
severed even after the pre- iminary Injunction very
properly granteh by the District Judge
Let a decree he entered for complainant for n rnr
retuGi Injunction. ard Master appointed TO IA se
AZ acccuit according to the prayer of the bill
II. Z. GRIER, Judge.
NorE.--Thc passage referred to bv JUDGE Grior in
his FORMER decision, Z Wallace, p 900. adopted us
appiicabie to this case was as follows
at j. Ii.uiy the case, when any valuable di.cnv
cry is yade, any machine of great mi itv is
invented. iiat thca,tention of the public has been
turned to that subject previously and that many
persons have besn making resea ches and oypar;
irents. philosophers ana mechanicians nav have
III some measure anticipated in their sprcu'atione
.he possibility or probability of such discovery or
Invention; many experiments have beer successful.
ly tiied coming very near yet Falling short Of the
desired res'liJ. They have produced nothing bene-
icial. Tin, invention when perfected nav frl,Iy n,
said to he the cumilniing point of many expert
or.. lie may have proiited Indirectly by iIe u.1lc-
co-srul experiments AMI slures Of oiLors, Int #
gives item no right 70 ca N share OF the honor Of
TIE proil Of the sn,ccssiu! inventor It +, when
spccu .aGn lia5 been reduced to practice VIXEN n,
perrin, mt la. resulted in discovery and When flint
Gi~coyey has been perfected by patient ana coniin
ued experiments whea some new colnDouri art.
n.aauiac,E;e. nr nachine has been thus prodgced
whic is usautto epnbiic,that the party maklgit
becomes apu0i.c 5enefactcr and entitled TO a patent
.'Aud yet wien genius and patient Delxefersncs
have at length sIcceeasd in sIi c Of sut ers and
-cuiIs s.iIuc valuable invention TOR oi,cO-ery how
seldom is il followed by reward Envy rnb- lin
Of ,He honor, hiIc speculators, swiud!a s. md nj
rates rob Lin of the profits. Every unsrcce.stul
eXperine who did or Id or did hot come y,ry
n'.ai mahiug "a discovery nuw claims IT, Every one
vino can iuY,1lt all Improvement or vary lis form
claims y isht to pirate the original CiselyCfv wa
need not summons Morse, o. Biaucfard or wood
worth to prove that tl' IL the usual history OF cyg
~ gr,at discovery or invention.
"lhe present case adds another chapter 10 tIs
long ani unia IN Listory.'-2 Wallace, c. I. Re-
polts p 80.