The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-29

Ecnf'NAS NHNNOLcUM lONTG GUO.
TORPE EDOES.
THE ROBERTS
Petroleum TORPEDO co.
Office at the
RED PLANNING MILL,
Corner Of Pine and second Streets,
Near the RaiirOadO
TITusvILLE, PA.
Robcsts' Torpedocs, and the late decision OF the
Commissioner Of Patents in refusing to VIM. Reed
patent, and the decision OF Judge H. e. Grier sns,
tanning the Hobs.ts' patent they have LOWERED
the price Of their Torpcdoes
TWENTY PER CENT.
70 that every Operator can afford ,Utry Torpedo
before abandoning We'll
The follo,y,n. is the decision rendered by Judge
Srior on te txenty.secoud t22) day Of September.
1859 in the United states Circuit Court at Plade'.
vhia the cas was argued three days by Charles
Al. Keller of New York. i. y. Lucas and $. A. Pur-
yiancs OF Pittsburgh, for defeniants, and George
lIsr,,ing Of Pnia alclphla and George H. Chrisy, OF
Pittsburgh, for plaintiff.
OPINION Ot JUDuE GNIEu
As write with difficulty can only state the con
c,a'rrs "a wl i"h mrd has come after d careft.
examination Of this case. !
2jth of April 1865. This prima facic evidence of
n r,oi title and puts on the respondents the bur
,i,n of proof that the patent is void or worthless
Iuee, not repeat mvIemarks In tie case of Good
wear W. Day u Wall, @. G. Rep. Zsa) but now
adopt them aifordng rule oi decision WEIGH ap'
plies clearly to the present case.
As the infringement of the patent is admitted,
the only question will he as TO the validity Of com
plninan,s patent of April 23, ls5s.
at was after speculation had been reduced to
praciicen and after repealed experiments, that the
complainant succeeded in overcoming ne prejudice
and irr ORANGE OF the people on the subject. and
rcrsuaiing the public that his invention was useu;
afer he ld established Its great utility and value.
ant, swhen his genius and patient perseverance, in
s.fnl. ttat Reed, who had before made expert
men,s on the some subject, md was unsuccessful,
Imagined that he had the best right to ot1einveuiOn,
ueJoes he applied on the let Of November, 1857,
kor patent for substantially the sarue cOmbina'
tons Of devices and aching contained in complain
ants patent. On the 18th Of the. same month the
resnondents formed themselves into company or
corporation called "The Reed Torpedo Company
for the purpose Of pirating the cUmplainnnt's In
and thus defraud him Of the fruits They have per
severed even after the preliminary injunction very
properly granted by the District Judge.
Let decree be entered for complainant for per-
pefual injunction. and Master appointed TO take
account according to the gye 18th e ,ss bill a,.
NorR-The passage referred to bv Judge Grier In
his former decision, 8 Wallace, p. 900 adopted o.
app icabio to this case was Ms follows:
at is usually the case, when any valuable diEcov.
ery is made, or any new machiue OF great uiity Is
inyented that hcaltention of the public has been
turned to that subject previously, and that many
persons have heen making researches and expert
mepts Philosophers and mechanicans may have
m ssme measure anticipated in their sp-cuations
The Feasibility or probability Of such discovery OF
invention; many experiments have beer successful
tried. coming very nenr yet iallins short OF the
desired result. They have produced nothing bene-
fetal. The invention wher perfected may truly be
said to be the eliminating point OF MANY expert
men = not only by the inventor. hut by many 9TH
ors lie may hav. pr0iited indirectly by the unsuc-
ceaaful experiments and failures of others, but II
gives them no rght to claim share of the honor of
The proi, of the succcssGil inventor 1t is when
speculation has been reduced to practice, when eX-
pertinent has resulted In discovery and when that
discovery has been perfect, ny patient contin-
ued experiments. when some new compound. art,
mapuficture. or machine has been thus produced
which is useful to the public that the party making it
becomes public beneiactor and entitedto patent.
.And vet when genius and patti. mt perseverance
have Mt length succeed ID, in spite of sneers and
SCOTS, some valuable invention or discovery, how
seldom is il followed by reward Envy robs him
Of the honor hiic speeulaors, swindeis s, and pi-
rates rob him of the profits. Every unsuccessful
exrerimeriter who did or did or did not come vtry
near making discovery now claims 1t. Every one
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
nv great discOvery or invention
"The present case ADDS another chapter to this
Rng and uniform history."-2 Wallace, G. q. he.
posts p 202-