The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-03
Corner or Pine and second Streets,
Near the isatirOad,)
TITUSVILLE, PA.

wear the isatirOad)
TITUSVILLE, PA.
Owing tn the large and increasing demand for the
Roberts Torpeaoe,, and the late decision of the
Commissioner Of Patents in refusing, TO VIM Reed
patent and the decision OF judge r. e. Cirier s,l ..
tauing the ltObsrts' patent they have LOW EAEp
the price of their Torpedoes
TWENTY PER CENT.
80 that ev"ry Operator can afford TO try q Torpcdo
before abandoning We'll.
rhc following il the decision rendered by Jrdcc
irisr on the twen'y,second ta2l day of se'tember
1870 In the United States Circuit Court NJ Pm ladei
phia The ease was argued three dnys bv Charles
NJ Keller of New York, b. I. Lucas and : A, pur.
x,anSe OF i'titshnrSh, for defendant and George
iiaFulnG OF Pniladepia, and George II. Ch!i.iy a,
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIEF.
As write with difficulty can only state tho cor
clnsons to which my mind has come arer n c,r.s,,
examination of this case.
The dm9lanant l ,Ssa bias exhibited patent dated
xoth OF April, lSB5 This is prima faci cydenc. M
good title, and pits on the respondents The bnr
den or proof that the patent il void or WORTHLESS
need not not Tspsa re p my remarks in the of Good.
adopt them as alorlns rule oi decision wiich nm.
pieS clearly to the present cise. -
AZ the intringement of the patent is admitted
the only question viii be rs to the yalidit, of com
plainsn's patent of April 2i. 1853
1T WA. aiter speculation had been reduced 10
prnctice,' and after repeated experiments that the
eoinpininaut succeeded in overcoming he nrriudice
aud ignorance Of the people on the subicrt ,,S
pcrsuading the public that his invention ,cns use ,
aHer nc had established its great utility and y,lue
ana when his genius and patient perseverance IL,
spite OF sncers and scoffs'' were fonnetciv ,,n '
ee.'ful, that Reed who had before made exreri
inen'. on thc 1me s,ihject, and was l,i,succe,.f
Imagined that he had the best iht 20 the inyen,ion
and after purchasing one OF more co uplanont' tor
pe'ioes he applied on the LIST of Move rbsr. lSf7
Ior pltsnt i0r substantially the same com'ino
Mons OF devices and achinn contained in co,rnlain
ants 1atent On the 10th OF the same rionth tho
respondents formed themselves into "A co,nn,my az
corporation called THE Reed Torpedo Company" 7"
ior the purpose OF rirlting the cunDlain,ni,s In
rention, anI supporting. the expense of Iitirot;on
ard thus defraud him Of the fruits They have ne
severed. even a,tr the preliminary Injunction Very
Let cree be entered for complainant for n nor
Petiai nJunctlor and Master appointed 10 fake
IN account according to the prayer Of the bill.
II. Z. GRIER, Judge
NorE-Thn passage referred to bv ju,,-c C,ic- in
his former d'c.s'oii, Wallace p. 299 adopted Us
'Pp1cabte 20 this case was as follows:
"lt Ia usually the case when any voIna,Ie d;.c,r
cry IS naue, or any rev machine Of great nil i,y is
Mven,ed TINT the attention IF the public has Eeen
farned tn that subject previously and tha; many
persons have been making researches and eypar;
Nen's fh'losophers and Ineciilncia;ls NAV hnvp
~ h some measure anticipated in their sp.crIations
me possibility or probnhlty Of such discovery or
invention many experiments fave been successrnl.
~ uied, coming very Hear yet falling short Of the
ccWeu result lney hlVe produced nOIliu,v bnns-
fc'al The invention whe1 perfected NAV trnIv bo
said to bo the eliminating point OF many ex5eri
mon =, not only by the inventor hut bv many ON
ors lie may have proftcd Indirectly by the ,nsnc
se-sfnl experiments and failures of others, but II
ewes them no right to ca m share of the honor of
the profit OF the successful inventor II il when
speculation has been reduced to Practice when ey
pertinent has resulted in dis .overy and when that
dt.covery has been perfected by patient ana con,in
'ed experiments, when some new c,upound art
manuinct,ie, or machine has been ii,u- prodrcrd
which |, useful to the public that the part making
becomes public benefnct0r and entitled to patent
"And yet when genius aud patti II; perseverance
aaye nj length succeeded. in s;i Of -n. era and
tSoif' some valuable invention or cisco"erv. how
seldom is il followed by reward Emvy ruhs him
o. the it'nCr. Whine specuators, swn,lle's and pi
rates rob him of the profits. Every unsuccessful
exlcriMcnier who did or did or did not come yerv
near nitking discovery now claims it. Every ons
who can invent mn Improvement or vary It's form
claims right to l.ra'e the original discovery We
nre't not summons Morse or Blanchard or Wood
worth to prove that this is the usual history of eve
~ gr.ai discovery or invention "
"The present case ADDS another chapter to this
bong and uniform history Wallace, C. e. Re
pMts p. 29a.