The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-04
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TORPEDOES
THE ROBERTS
PETROLEUM TORPEDO CO.
0fii0e at che
RED PLANNING MILL
Cor or OF Pine and Socoud stre...
Near she RailrOad3
TITUSVILLE, PA.

iNcur SnO At0NlFO00s)
T1TUsVILLE. PA.
Owing to the large and incrcasirr dcms nd IN, IL.
Roberts Torpedoes. and the late deci.inn Of VI w
Commis ssioner Of Patents IN refusing to VIM rs.
pateut, and the decisi N of Judge r. Z G,i,,% % .,'
tanning the kobers' patent they have LOWEES
the price of their Torpedoes
TaENT9 PER CENT.
80 that every Operator can afford " Try a Torp.<.
before abandoning Well.
The following Is the decision feudercd by Jp.s.
Grer on the twent y.sccona tz2l day OF sertelsSs'
ls09 in the United States Circuit Count II, PbilsS.
phia. The case was argued three days by Char.
NJ. keller ot New York, B. h Lucas and s A pr
vishce of Pittsburgh, for defendants, and Geo,
Harding of Philadelphia and George Ii. Chrisly' y
Pittsburgh, for piantin.
OPINION OF JUDGE GRIELE II N
A. write with difficulty can only STATE tn. -.
clusons tn which my mind has come after csrs,
examination Of this case.
The complainant has exhibited a paten, dat.
18th Of April 1865. This is prma iacir evidence .;
u good title, and puts on the respondents the bp,
den of proof that the patent is void or WORTHLESS.
need not repeat my remarks in the cast OF Goo,
year W; Day t2 Wall, G. &. Rep; 229,) but now
adopt them as Aiiording rule OF decision which y,
plies clearly to the pi iessnt case.
As the infringement OF the patent 10 admitts
the only question will be as to the validity Of c"u
plainanls patent Of April p. .ls5S.
n was after speculation had been reduced IN
practice. and afisr repeated experiments ih,t m.
complainant succeed,f ID over coming the pr,iudc.
and ignorance Of the people OH the subject and
r.reuluing the public tha, his Invention uss usefl
al he had established its great utility ami yanj
and when his genius and patient perseverance, n
spite o, sneers nj scotf,,' were conplptpIv ~,
ce sful, that Reed, who hnd before nrde ,y1sr
menis ON the same subject and was un-ucc. e,tnl
re- main NM,
peIoss, he applied on the lsi of hoven,ber, ISL
Tor patent for substantially the sane combns
ons of devices and machine con aimed In complsp.
ants patent; On the la.h If the aatur mnnih ~,
respondents bfmCd themse ives into \ cumnauy a,
cor, Grafton called The heed or, edo ,ompsuy'
the purpose ~ p rating iha compiuin.i, : In
ventlon, aud supporting the eSpensee OF lit g,tion
ard tnus defrud him Of IL. nuts They hlye no.,
seIved, even after the prel.maiy Injunction ve,
properly gIautcd by tiS .is,rici Judge:
Let degree be- enier,d for com, ainr FOR a u.r.
petuai iniuu eIioD; and Master, appoinic % ,at,
an account ar,Uiding 10 ihe payer OF tne.bil.
r. Z. GklEK, Juoc,
NOTE The passage referred 10 bv Judge Grierir
his iorn.r decis'on, Wallace, p. 299 adopted az
app 'catie to thi- case was as follows:
Ut Il usually the case, when any valuable dirny.
cry IL made, or amy new machine Of great utiit, ia
lnveuted, that tiea,tention of the public hs. besn
turned to that subject previou.ly and that many
persons nave been making researches and exp,ri
N some IN asnre anticipated in their speculation,
Gle possibility or probability OF such discovery or
invention; mA2y experiments have beel succes.nl
~ tiled, coming very near. yet falling short %, ,he
desired result. They have pro iuced poIhin, b,ts.
hclal The Invention ~he' perfected may truly {
aid to be the eliminating point of many exrer.
men =, not only by the inventor hui by many OH
ors. iie may have profted Indirectly by the iin,uc
co-sful experiments and failures of others, bui It
gives them no right to cam share Of the b, nor
TIE profit OF the successful inventor II is ybe.
'pe. ila'ion has been reduced to practice when e,
perinent ha' resulted IN discovery and when tbM
discovery has been perfected by paiiont ana cnn,H
ued experiments when some new compound. az,
manuiacturs, ar machine has been thu. prodn,el
which Is useful to public, that the pnr, makin,n
bee0sies apublic bcneflctor and entitled 10 a a en
"Azd yet wlien genius and patient perse,.rsnce
have at length succeeded, in spite of sf,pr. spd
scOffs. some valuable invention or disco d., how
seldom Is II followed by reward Envy ron. lin
OF the hnnor, whine specuator-, swindIc 8 and pl.
fatss rub him of the profits. Every uu,rcces.,ul
exI'erimenter who did or did or did lot coi,c wy
near making discovery now claims il. Every on,
VINO can invent an Improvement or vary it's form
Claims right to pirate the original discovery We
need not summons Worse. or Blanchard or Wood
worth to prove that This il the usual history of eve
~ great discovery or invention
"The present case aodS another chap,sr 10 Tbs
long and uniform history."-2 Xsilace,I Z. Z K,
ports p. 292