The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-03
aUBERTS' PETROLEUM TORPEuO.
aUBERTs' PETROLEUM TORPEDO.
TORP ES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office at tho
Ran planning MILL.
Corner OF Pine and second streets,
Near the sailrOad,)
TITUSVILLE, PA. :.

Owing to the large and increasing demand for the
Robcrts' TorpeiOes, and the late decision OF the
Commissioner of Patents III refusing to VIM. Reed
patent. AID the decision of Julsc H. & Iiiier slis
iainins the Roberts' pitent they lave LOW EiiEp
the price VI their Torpcdoes
TWENTY. PER CENT.
40 that every Operator can afford ~ try Torpedo
before abandoning Well.
The To- lowing Is the decision rendered by JUDGE
Gricr on the twenty secono (22 day of September,
lS9, III the United states Circuit Court at Phate
phia. The ease was argued three days by Charles
NJ. Keller Of New York, Is T. Lucas and :. A. l'ur
Vance Df Pittsburgh, for defndanis, AMI George
Harding of Philadelphia and George L. Ihri.ty of
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER
A. write with difficulty can only state the con
ciusons to which my mind has come after careii.
examination Of this case
The CONF rluinant has exhibited a patent dated
25th Of April, 1855. This Is prima acir evidence ot
good title, and puts on the respondents the bur.
den of proof that the pateut is void or worthless.
need not repeat my remarks in the case of Guod.
year W; Dayt2 Wall, C. c. Rel; 1x9,) bat now
adopt them afOrdin1 rule Oi decision Which M.
piles clearly to the n esent case.
-. AZ the infringement Of the patent IL admit ted,
the only question will be as to the validity OF com
plainanis patent of April 25, lass.
ut WAS after speculation hnd hecn reduced to
practice" and after repealed experiments, thar IN.
complainant succeeded in overcoming he prejudice
and Ignorance of the people on tie subject, and
ptTsutuink INT plDilC tuut MS invention
after he had established its great utility and value
aud "when his genus and patient perseverance Il,
spite OF sncers and scOtf-," were completely s-c
cessful that Reed, who had peiorc made expert
nenls on the same subject, and was Unsuccessful,
imagined that he had the best right to the jlyenIon
ard after purchasing one more complainant :. Tor
pedoes he applied on the LIST of November lsn1
ior patent lor substantially the same combina
tiUns Of devices and achin0 Contained in complain
anps patent. un the 10th of the same month thp
Respondents FORMED themselves into company Oh
corporation called "The Reed 1orpedo Company"
for tue purpose of pirating tis cvnlp.annni's in
vention, and supporting the expense oi litigation
and thus defraud him Of the fruits. They have pef
severed even after the pre- iminary Injunction very
property granted by the District Judts
Let decree be entered for com pinn,nt for n nor.
pe'ual INJUNCTION. aid Master appointed to take
An account accordin. TO the prayer Of the bill.
H. 9. GRiEk, Judge.
NorE.-The passage referred TO bv Judge Grier in
hiS former decision, B Wallace. p. 239 adopted as
app ic,bie to this case was rs follows:
~ ls Usually the case, when any valuable di.cov.
cry 10 made, or any new machine Of yrrat M ity l..
invented, that the attention of the public ha. been
turned to thit subject previously, and that many
persons nav. BEN making Researches ard expert
ments TN lOsopiers anu mecllinicaDs NAV have
IN some MI ssure anticipated in their sDrcuiatiOns
the ptssibi ity or prOoauity Of such discovery or
invention; many experiments have beel. successful.
uied coming ley near. yet falling short of the
desired result They have produced nothing bene
| neal The invenliun whe:. perfected may truly b.
| Said to be the eliminating point OF many exDeri
mon =, moi only by the inventor, hut by many 9TH
0rs. be may hnv. proflted indirectly bv the i,nsuc
ce'sful experiments and failures of u,her,, but /,
gives them no right to share oil the he nor 0
| the profit of the suCcc, sfu inventor n ia wher
speculation In, been reduced to practice, when ex
pertinent Ea- resulted In discovery and when n nj
discovery ha. been peril cted by patient and contin
ued experiments when some new compound. art
manufacture. or machine has been Thu. prOducet
which is usefulto the public that the party nakinS Il
ber0mes apubic benefactOr and entitled iu a taient
sand yet when genius and pari, mt ur.eyeranc,
have ut length succeeded, in spite of sr,ers and
scofs, some v'iuable invention Dr o'sco erv how
seldom Is IL followed by reward lnyy robs hi,u
Of The honor whine spectators, swind.e 9. and nj
rates rob him of the profits. Every unsuccessful
expcrtmnlier who did or did or dic hot come y,ry
near making discovery now claim. IL. ty,ry on:
who can invent an improvement or vary its hr,n
claims right to pira'e the original disc very W.
need not summons worse, Or Blanchard or Wood
worth IN prove tnat this Is the usual history of
ry great discovery or invention Wv
"The present case aods another chapter to TIM,
long nnd uniform history" Wallace, c. G. Ke
ports p 800. "