The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-24
ROBERTS, PETROLEUM TORPEDO.

TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED PLANNING MILL,
Corner OF Pine and second Streets,
ltNcar the RatirOadO
~ , ITUsVILLE,, PA.
Owing to the large and increasing demand for the
Roberts Torpedoes, and the late decision of the
Commissioner Of Patents In refusing to Wm Reed
patent. and the decision of Judge II. Z. Grier ss.
the price Of their Torpedoes
TWENTY PER CENT.
20 that every Operator can afford 10 try Torpedo
before abandoning Well
The following is the decision rendered by Judge
Grier on the twenty.second (22) day of September,
1859 In the United States Circuit Court at Phladel.
phi& The case was argued three days by Charles
n. Keller Of New York, y. = Lucas and y. A. Pur.i
nssnS Of la and George fnS ehsys sSse
Pittsburgh, for plaintiff a-f'.-'- ~
OPINION: OF JUDGE GRIER.
As write with dificulty can only state the con
clisons 10 which my mind has come after careful.
examination Of this case
The complainant has exhibited arpatentr dated
good title, and puts on the respondents the bur.
den Of proof that the patent is void or worthless
need not repeat my remarks In the case Of Good.
adopt them as aording rule Of decision which ap-
piles clearly to the present case.
As the infringement of the patent is admit ted,
the only Question w be q e the validity of COM
'It was after speculation had been reduced to
practice and after repeated experiments, that the
succeeded in overcoming he prejudice
the nubcp tba Ss T ana
after he had established its great utility and value
and "when his genius and patient perseverance, in
spite Of sncers and scotfs," were completely sue
ments on the same subject, and was unsuccessful,
imagined that he had the best right to the invention
and after purchasing one OF more complainant tor
pedoes he applied on & the lst Of November, 1857,
tions of devices and maclne contained in complain.
ants patent. On the 18th of the same month the
formed themselves into company or
corporation called 1.-THE Reed Torpedo Company"
for the purpose Of piratng the compainant's in.
vention, and supporting the expense Of litigation,
and thus defraud him Of the fruits. They have pe.
severed, even siter the preliminary Injunction very
Let a decree he entered for complainant for per.
petuai Injunction and a Master appointed to take
account according to the graye1 nRiss Ef tss BILL
NorE-The passage referred to by Judge Grier in
his former decision, 3 Wallace, p. 299, adopted as
applicable to this case was as follows:
ery Il made, or any new machine Of great utility IL
invented that the attention OF the public has been
turned 70 that subject previously, and that many
persons have been making researches and expert.
fnents Philosophers and mechanicians may have
IN some measure anticipated in their speculations
the possibility or probability Of such discovery or
inventions; many experiments have been successful.
6g shSs G the
fcial. The invention when perfected may truly be
said to be the eliminating point of manv expert.
mon 9, not only by the inventor. but by many 9th.
Ors He may have prOfited indirectly bv the iinsuc-
cessful experiments and failures of Others, but it
gives them no right to claim share OF the be nor Of
the profit OF the successful inventor It ia when
speculation has been reduced to practice, when ex-
pertinent has resulted In discovery. and when that
discovery has been perfected by patient ana contin.
ued experiments, when some new compound. art,
manufacture, or machine has been thus produced
which Is usefulto public that the party II
becomes apublic benefactor and entitledto patent
sAud yet when genius and patient perseverance
have at length succeeded, in spite Of sneers and
SCOTS, some valuable invention or discovery, how
Of the honor, while spectators, swindlers, and p
rates rob him Of the profits. Every unsuccessful
experinienter who did or did or did not come very
near making discovery now claims 1t. 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 prove that this Is the usual history Of eve
nv great discovery or invention.
"The present case sdds another chapter " this
long and uniform history."-2 Wallace, G. Z. Re-
ports p. 292.