The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-28
ROBERTS PETROLEUM ToRpEno.
ROBERTS PETROLEUM TORPEDO.
EORP EDOES.
TES9 ROB ERTS
!. PETROLEUM T0RpEDO co.
Office ;.t she
RaB FLAMING MILL.
Corner OF pine uud'seeOud streets,
Near tho lIatirOadJ
TITuSVlLLE, PA. ;.

| Owing to the large ana increasing demand for the
| Roberts T0rped0eS, and the late decision of the
Commissioner OF Patents Ia relu-ln, TO Wm. Reed
patent and the d,,;isi, of judge H. Y uner sus
iaihing the ROberts' patent they have LOW ENkD
| the price of their Torpedots
.TwENri. PER CENT.
40 that every Operator can afford u try Torpedo
! before abandoning We'll.
The 70 lowing is the decision rendered by Judge
Grier on the twenty-seeond (22) day of Seltembe
lSJ, In the United States Circuit Conrt at Phlade
phia The case was argued three days by Charles
N. Keller of New York, Is \. Lucas.and :. A. Pur.
vance of Pittsburgh, for defendants, and George
Hardin. of PhilaGclphla, and George II. Ihri>y, VI
Pittsoulgh, for plaintiff
OPINION OF JUDGE GRIER.
As write with dii'cul'y can only state the con
illusions IN which INV mind has come aflor n cnr..u.
examination OF this case.
The com, ,'lainant has exhibited a patent dated
18th Of April lS5. This Is prIma acit evidence OF
good title, and puts on the respondents the bur.
len Of pro'i tnat the patent Is void or worthless.
need not repeat my leinarks IN the case of Good
year v.: Day t2 Wall, c. G. Rep; 2.9) bat now
adopt them ds aisordins .,le Oi decision which ap
pies clea ly to the present case.
As the Infringement OF the patent Is admit ted
tile only question win be is 10 the validity of com
plansn's paten. of April q, ,lSjS.
1T was astr speculation had been reduced to
practice, aud after repeated experiments thar the
COMPLAINANT succeeded in overcoming .hs prejudice
and ignorance OF the people IN tie subject and
persuaolng the pubic tha L Il invcntOn was uselIl
after lie had established it, great u.it, and y,lue
| and "when his @eu'u, AND patient perseverance in
spite Ol sncer- ana scoh-,n were completely src
| ccs-in, taat Heed, WHO had before made expari
men's on the sNmc subject, and was ul,ucca,.f,i
imagined that he iIid the hest i,hI convention
ad ait.r purchasing one or more complainant, tor
le'incs he appiled On tie LIST OF MOVE mber. 1877
for u patsn, Tor substantially the sane comlina
uuns cf devices and acllirc cJntainedi IN compaiu
ants patent. On the 18th OF the same month the
respondents formed themselves into company or
coiroraiDn called "rhe Reed rorpsto COmn,ny.n
FOR tietHirpOye Ut iiritiny the cJnDninani,s In
veniiol, auI supportn. tie expeuse ui litigation.
ard thus defaud hiRl of the iri.ts. Ihey have me-.
severed even utter the pre-. .iminary Injunction very
property grantei by the District jucre
Let d, cree he entered f,rcUmpainant for n pcr
pe'aal injunction. and Master appoint.d 10 lake
All accoInt according to the PRAYER of the Lill.
,~,,.. IL. Z. GiuEK, Judge.
NoIr-The passage referred to by Judge t,,ier IN
bis former decision, Wailac., p. 299 adopted AN
app icibie to this c;.sc WIS "a follows:
III Is tisuiiy the case, when any valuable d.cov.
cry Is made or any new machine Of gr-ut ui ity Ia
Invented iiat tneh tcntion Of the public ha. hern
,ii'"cd TO that subject previously, and thar r,ay
persuhs have belh making researches and expert
neuts th loSupAtrs anu mechapicians tunv rav,
III some M as,lre anticipated in their I'D clntions
the possibility or probability of such discovery or
invention; mnny experiments Lave been successful
desired result. They have produced nothing benr.
hciai. The invention whe, perfected may truly he
said to he the eliminating point OF many ex6cri
men :, nut On y BY the invcntor. but by many 9th
or-. lie may hav. profite1 Indirectly by the iinsuc
ce-sii' experiments and failures Of oihcr., but il
gives theni no right a. share of the he nor o
tne proal or tile snccc-sIGl inventor 1t ia when
speca'a'ioh has been re'iuc d to practice when e.
pertinent l'l' resulted III discovery and when t al
difco'ery hl- been perfected by patient ana conin
ueh experiments When some new compound. grt
manuiacuie, or nlaciiIna ha+ benr, thu produced
which Is useiutto the ibc tiaiGhe party making /,
becomes apub!ic bineiic-Ur aDdentt.ed to a ia ent
"And yet when genius and pafi, MT perseverance,
have at length succeeded, in j; .s of an.er. and
svnis, some valuable invehtipn ur cisco"ery how
| seldom Is il tollowei by ieward Envy robs lin
OF the honor. Nhiie sJecu sfors, swndics g. and nj
| rales rob him Of the profits. Every unsuccessful
| exerim ner who did or DID or did hot come y,r,
near making discovery now claims II. Every on:
who can invent an Improvement or vary its iurm
claims right 10 pirae the ORIGINAL discovery w,
| med not summons morse or blanchard or Wood
worth u prove that thi, is the usual history of cyr
| ry great discovery or invention.
"Ihe present case aGds another chapter to thi
long and unifun liistory."-2 y ailacs, c. q, Ko
ports p. 292.