The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-20

0ObEHTN N.S0InVNNOM AOHNNDN'
,TORP.EDOES.|
THE RO8ERTs
lsEa0LguM TORPEDO 60.
Office NJ the
RED PLANNING MILL,
esrner OF l'inc and Second streets,
Near she RatlrOad,)
ITusvILLE, PA.
Owing n the large and increasing demand for the
ROberAf Torpedoes, and the late decision Of the
Commissioner Of Patents in refusing to WIN. Reed
patout and the decision OF Judge II. &. Grfer sus
taauing the Roberts pstent they have LOWERED
the prize VI their Torpcdocs
TWENTY. PER CENT.
70 tA~ every Operator can sfEord ro'try Torpedo
before abandoning Well.
rae following is tho decsion rendered by Judge
Grier On the twenty.second (22) day of September,
1sio, in the United States Circuit Court ut Phadel.
phia. The case was argued three days by Charles
M Keller 81 New York, b, Lucas and $, A. Pur-
Harding OF Philadelphia, and George H. Christy, o
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER.
A. write with difficulty can only state the con
illusions to which my mind hos come after careful.
ThS mplainant has exhibited q patent dated
Xth Of April 1865 This is prima facie evidence Of
good title, and puts on the respondents the bur
need not repeat my remarks in the case OF Good.
year Va. Day Il Wall, G. c. Rep; 229) but now
adopt them az atorfng rule OF decision which ap.
plies clearly to the present case.
As the infringement of the pafent ia admit od
the only question will be to the validity OF com
plainants patent of April 25, 1858.
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance OF the people on the subject, and
persuading the public that his invention was useftl
after he had established its great utility and value
and "when his genius and patient perseverance, in
spite Of sneers and scofs," were completely sue.
meuts on the same subject, and was unsuccessful,
imagined that he had the best right to the Invention
and after purchasing one OF more Complainant's tor
ysdoes, he applied On the lst OF November, 1857,
lions OF devices and Machine contained in complain.
ants p:tent. On the 18th Of the same month the
sorporNtion called "The Reed Torpedo CoInnanv. ),
for the purpose Of piratng tho complsinant's in.
vention, and supporting the expense OF litigation,
severed, even aftr the preliminary Injunction very
properly granted by the District Judge.
Les = decree be entered M for complainant for per
pctuHi :uJuuCtIous duO u ARstef appointed to take
sn account according to the prayer of the bill
h. &. GRIER, Judge.
NorR-The passage referred to by Judge Grier in
bis former decision, Wallace, p 299, adopted az
applicable to this case was as follows:
ut is usually the case, when any valuable scoy.
cry n made or any new machine Of great utility ia
invented that the attention Of the public has been
turned to that subject previously. and that manv
persons have been making researches and expert.
meuw. Philosophers and mechanicians NAV have
aNticin0tpd in thatr
the possibility Or probabiity Of such discovery or
invention many experiments have beer successful.
ly tried coming very near yet falling short OF the
desired result They have produced nothing bcne-
fcial The Invention when perfected may truly be
sad - DC thc eliminating point of mallv expert
mon e, not only by the inventor, but by many 9th.
ors. he may have pr0fted Indirectly by the lnsuc-
ceseful experiments and failures of others, but IL
gives them no right to claim share of the he nor of
the profit OF tho successful inventor II ia when
speculation has been reduced to practice, when cx.
pertinent ha. resulted in discovery and when that
discovery has been perfect, by patient ana conin
ned experiments when some new compound art
manufacture, or machine has been TIM. nrOdnced
which is usefn to the public that the party making Il
becomes arubc benefactOr and entitled ia patent.
sand yet when genius and patient perseveroncc
have at length succeeded, in spire of sneers Ind
scoffs some valuable invention or discovery, how
seldom ia IL followed by reward Envy robs him
Of the honor, whie spccuators, swindlers and Di.
rates rob him Of the profits. Every unsuccessful
experimcnter who did Or did or did not come very
near msking discovery now claims it. Every ona
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 eve
~ great discovery or invention.
"Thc present case adds another chanter IN th,.
long and uniform history.'-2 Wallace, O. G. Re
Mr6 D. eoe.