The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-11
,OAEkTS pkTBOLEUM
To- Eh7S FhTbOLEUM 7oRpFDoC,
pORP@IDOES
THE, ROBERTs
PETROLEUM TORPEDO n.
Office at the
RED ELANlNG MILL.
Cor or of pine and SeeOnd strno,.
Near the KaiirORdJ
TITUSVILLE, PA.

Owing TO the large and increasing demand ,o,n.
Roberts Torpedoes, and the late decision, nv Mt u
Comrn -sioner Of Patents In refusing to m p..
a patent. and the declsi'n OF Judgc II. C. (rie.srs
taining tho Roberts patent they lave I.OVFpr.
the price Of their ToTpedoes
TWENTY PER CENT.
20 that every Operator can afford " II? a To,st,
before abandoning We'll.
The following il the decision rendered BY ind,
Grier GU the twenty scconu l22) day OF sei'i.rrs
1863, in the United states Circuit Court at PLsS.
phia The case waa argued three days ly tl.Js
NJ. Keller OF New York, Is, /. Lucas and :. A p,
vance of Pittsburgh, Tor defendants, and G,a,",
Harding OF Philadelphia, AND Gevigc Il. lLli,r
Pittsburgh, tor pianut.
OPINION OF JUDGE GRIERT Er
As write with difficulty can only state the m
cusions TO which my mind has come after Can't
examination vi this case.
The comp lainnnt has exhibited patent d.,si
25th of April, 1865. This Is prima facir evidence o
a good title, and puts on the respondents the bn,
den of proof that the pateut Is VOID or withles,
need not repeat my remarks in the case Of GOos
year ". DAY u Wall, g. c. Rep; !2g,) bu, nov
adopt them a. aifordng rule OF decision which a..
pics clearly to the present Gaze.
As the infringement of the patent is simi,te.
the onl, question will he as to the validity ol cor
plaiuanIs patent of April %. 1855.
Il was after spccuI"'ih II had bceu redueCd,o
practice and after repeated experiments ib.ttb.
complainant succeeded III over Coming the prjldfs
and ignO.a ance of the people on lhe subject Y!
pcrsutuiug thc public ths his invention was ustn
aft he had estab shed its great utility AMI ,se,
and when his genius and patient per-eyerarCe.m .m
spite cheers ,nu scoif,, were completely .uc
ce siul, that Reed who had before m DE- exle,
ments on he same subject. and was uu-ucc. t.ill
and after purchasing one ur more comp painaltstu;
peIues, he appli on tue l-l Of November lsl1
n nat ttT .nl a - lifa
tons vi der!c,s and machine contained in Complain,
ants patent; On The 18th If the zane mon b tle
respondents formed iheinsc ive- into a compan, "
cor Grafton call, 81 h" hetd Tor do ConTsv'
I r the purpose ut rating the con pl1inalts 10
venron, and supporting the eXpensee oi litigation,
and thus deiraud HIM OF the fruits. They have psf
served, even after the prel.ms y injuuet.n We!
properly granted by Tie istiici Jud.c:
Let degree be entered for COM lanai !or ps..
petual injun ctioI; and Master orpoinle 10 tsk.
an .ceouut ar,o!Ging 10 the payer Of tue bill q
X. Z. G!ukk, Juts,
SoTE The passage referred 10 bv judge Grerin
his former decision, Wallace, p. 299 adopted AZ
app icabIe to this case was as follows:
at l. usually tho case, when any valuable di,coy
cry ia wade or any Lew muciine = great mi y !.
invented, tAt TIE attention of the public la. te.t
turned to that subject previously, and that mMy
persons have been making researches and eAQtEr
meuis. Philosophers ana mechariciaus mas lave
m some measure anticipated in their spec atol.
.nr ins-ui ity or prurabi!ty Of such discovery Q.
invention; many experiments have beet succcssiay
ly tiel, cUGing yely bear. yet falling short U tat
desired result They have produced noLing bcat'
fc 20 The invention whel perfected HAY ,D! g
sid 10 be the eliminating point OF many rNie''
men :, not on 10y the inventor. but by mai! ct'
Ors ne may have prOlited indirectly by The un;-t
ce--ful experiments and failures of others bp, Il
gives thcm no right TO ca m share OF the ht nor u
tie profit OF the successful inventor II il w!f1
spc uia'iUn has been reduced to pracce, when eI'
pertinent La resulted IN discovery ana when ila1
discovery ha- been perfected by patient ana ooutii'
ued experiments, when some new compound, All
nuIactnre, or machIne has been ihu' produced
which Is useful to the public tha; the party iakiu-
becomes apubic beneiactor and cntitledto patent
"And yet when geniu, and pat, nt persc'eTa'rt
have at length succeeded, in spite of sl,,rS trI
SCOTS, some valuable invention or disco e'Y bow
seldom Is II followed by reward Envy iub- hin
of the honor, wLiic Spectators, swuie.1, and p
rates rob him of the profits. Every unsucce's't
expermenter who did or did or did lot come Nd'
near making discovery now claims II. Every oh'
who can invent al improvement or vary its uLh'
claims q right TO lirale the original discovery! We
need not summons lorsc or Blirchatd, or WOO!
worth to prove That this l. the usual history OF eve
ry great cigOvery or invention.
"Ihe pr).nt case aGds another chapter TO 'l'
lorg ana Uniform history"-2 WaIlace,i Z. fo
ports p. s93