The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-08-20
ROBERTS PETROLEUM TORPEDO.
TORPED ES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office at the
X ED FLAMING MILL.
CorAer Of Pine and second S,rccts.
Near ulc KalirOad,)
ITUSVILLE, PA.


Owing % fhc hugc md Increasing demand for IN.
ltobrts' IorIedoes and the lalc decision of ia,
commissioner 0 Patents In retn sing to VIM Rec,
tetcnt; and the decision of Judge r. e. Gricr s,,s
Iaiung Tho Roberts' pitcnt they havo LOWEKEI
the pfbcc Of their T6rpeaoes = i1'-
TWENTY: PER CENT.
before abandoning Wei. ''P'uo
Ite following IL tho decision rendered by Jnd,o
Ssnr oa the twenty second (22) day OF seitember
~ the United States Circuit Court at Pl;iinJei'
Pn'H; Lne snse ~9s afgred three days by Charles
lance o. Ettsbnrsh, for defendants, and Georao mr
lMafrdng OF Philadelphia, and George II. Chris,x
f1ttsburst, for plaintiff '''''
OPINION OF JUDGE GRIER
Aa write With difficulty can only state the con
.rast ~ wnlcn my mind has come after carei,,
oxth =. ihI,aina,t hns exhibited patent doted
e osn s y Apfil, isGo This is prima fcr evidence of
gooa atic and puts on the respondents fbn hrr ul
Den OF proof thu. the patent is void or worthIo.
need not repeat my remarks in the case Sf ',,,
;ysal ts; Day u Wall, c. C. RoI; 2s0,I Int now
inen az a:tording rule Of decision whct ""m "r
Thea clearly TO the present case. ""''i "P
=, AS the Infringement of the patcrt ia o,,,,,.,,
.ne only Question will I've to the va,idi.v nr co,
paslihans sit ,.s patent , Of April 25, ls5S VI 'o'
nroct,c" y a,.r n', speculation had been reduced 10
o'nu'.; aiiu after repeated experiments. thar tho
SIpIsinaht succeeded in overcoming he nrc;ndine
"nr.a; saUrce M OF the people on the subject and
ftor he bsd ,u az, pic that his invention was use
Sn1 when his genius and patient persev"r,,c c"'H,
splte OF sneers and scOirs'' were comn,e,aim .u
mcn,s ~ u'st W., Heed, who had before made exper
;,,5, W., ., tLe s'me subject, and was unsuccessfri
imagined that lie had the best rrht In tl,e in,a
= a =alter purchasing one more Co,nnainnnt' ,n
n,te ne applied 9 on the ist OF November isS7
ti ~ PIun ior substantially the same comhinn'
tioNs OF devices and n arhipa conta,naJ; IL, oo.u'
asa patent On the 10Th of the same n,nntb .ha
coipopssion lorned themselves into company or
for purpose Of pratips Reed sh1 Torpedo Company
ve9tiSr an1 supporting the expense of l;ti'n,;a IN
ssSs seS taiS Sosud hin Of the fruits They have pe
properly en,e by tsdP PTns@nary nsa1n, Injunction very
ctr,' uscIee ne entered for complainant for nor
pC'a,u injunction: and Master appointed to fal.e
- A'>'un' according to the prayer of the bill. '
RI '. T. Z. GRlER, Judge.
ria SLtne passage referred to bv J udge Cricr in
spp cahss a. IsG.on. 81; Waacs p 300 adopted as
~ ~ u.uilly the case, when ar,y ya,uoh,o a
Try is maae, or amy new machine Of great nifv ia
tarn TO- Tina, tina, s Of the public has been
pessons have been making researches and orna xay
,nehts. fhosopaers and mccanicans maj pa,f
t, IN SOME measure anticipated In their spcro,"ns
nvetion 3ny Vr pro;D!ry Of such discovery
a,;m,, eon,.ns very near. yet falling short ut tbe
said to be the enn wnen perfected may truly be
men not only by the inventor hut by many "tb.
osss, e may nav. proiited indirectly by the ,nsuc
s,s, experiments and failures of Others. Int Il
ewes .le'n no right to claim share Of the n ~
specplsoo psd :" as 's ss secsiul inventor ii Is when
pertinent has resulted in d sroverv onH WIN, Mmen eS
s% mas been perfected by patient and ron,in
su rTp"r,ments when some new compound, art
nMsniG!ictnfe. or machine has been tbI,. nrnI,"aI
which j. useful to thepnblic that the party a"s IrSe
.1%S ysl pG,G wbeS Densact"r san and etcdtc
nave ut length succeeded, in spi,e of snters ams
edon e a i ooseS yHIpssls dscoery
y the honor, ~he specuators, swindlcys 'a am, MN III
a..s Ioh MIN Of The profits Every unsnccess"
VINO did or did did not come yery
r ,l"t msxing discovery how claims il. Ev,rv ons
sE can Invent an improvement or vary its frm
,sn not s,gns 10 pirate the original discovery We
,eeI .a, not summons Morse, or Blanchard or Wo"d
sorLh to prove that this Is the usual hstorv Of ow
y Er.aL discovery or invention. ''0'' vi c'c
ne present case aods another chanter IN th,,
ons and uniform history ."-a Wallace =, 'R,s R