The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-11
AOBEkTs' PEYss.-J eli u IOkPkDU.
,EOR,P fJDOES.
,f'Fsfs ,seS5 u lsY'a
AETHgLEvm T9nREuo ca.
Office at ilac
3saD ksLAnIEC MILL.
Corner of Pine snG second streets,
Near the is.tiroaa,)
TIrUSVILLE, Pa. ;.
HOBEKTs' rEYs.~L ell IURrkDU


Owing to the large aud inc.easng deinsnd for the
Roberts forped1cs. aud the late decision OF the
Commissioner Of Patents IL ;us to VIM. Reed
patent and the cisi m of judge a. G trier sus
laining tho tiob.us' patent they nave LOWhiikD
the price Of their TorpedOes
.TwEN II. :. PER CENT.
=" that every Operator can afford 10 try . Torpedo
before aoaiidoIiug Well.
The toiowins is the decision rendered by Judce
l'rier ou the tweity-scconu l2ll day OF re tsmher
1873, in the United states Circuit Court at Plulaael-
phia The case WAS argued three days by Charles
~ Keller q New York, Is = Lucas and 5. a. Pur.
iiarng of Philadelphia, and George II. Ihiisiy, VI
fitteouigh, for pla.nt;a.
OPINION OF JUDGE GRIEP.
As write with diiicalty Gao ouly state the con
clu-ioDs 10 which my mind has come af or csre.u
examination Of this case.
1hc com .laiaant has exhibited a patent dstsd
18th Of April, loi5 This il prima iacie evidences o
II good title, ani pats Oh the respondents the bur
dei of nro't that the pateLt s void or worthless.
heei not repeat my .emarhs in the case of Good
year W. Dat " Wall c. Z. Kcp; 2:9) bat noN
adopt them AZ sOldins rule % uecisiOn NJ icb ~,
pie- clearly 10 t.c p esrn, case.
A. 'le infringement OF the patent IL alini, d, ,
the on, question win be lis to t.e yaidt, ol oou
piainans patent Uf ap;i =, is.S.
"lt wAs alter speculation h.d been reduced tu
pnc'icc AID after .epe'ttcd eSper,meits that the
complainant succeeded in Oyerron in. he us-itsce
and ignorance OF the people the subject, ana
pcrsudi"s the pholic that is inv yeniOn Was se n
after he had established great utility and yi,lre
and "wlen Ils gen u anu patient perScyerancs in
spite oI sncers and scoif.," were Completely s1c.
ces>ful, t,at Reed, who had before made eynsri.
mems IN the same snlje,t, and was Unsuccessful.
imagined that he had the best i.lt t. Invention
u u aiie, PuioHislh8 one "a more complanant- Tor
peaoes he aDphed on The lst of November, 1854
Tor patent Tor substantially the same comlina
tons uf devices and achiun contained in cotnu,nin
ah's pa,ent. on the l5t OF the same month the
respondents formed themselves into = company or
colpolitiiun Called "lhe .eed Torpedo Cuii,n,ny
tor the purpose of pir,t:ng the conIp.anauis in
yention, AMI 'lpportn.. the expense OF lit,rston.
aid thus deaui him Of the fruits They hny,. ,,
severed even siter the pre- imiary injunction yel,
properly GRANITE by the District Judge
Let d cree he entered for complainant for A per
netiifa Injunction nid Master appointed TO iakc
ali account according 10 tae prsycr Of rlir iii
,, L. Z. GRlER, Judge.
NoiE--fhe passage referred to by Judge tirier in
hi- i.r.ier dtc'son, 3 Wallace, p. 29g adopted IA
appic,bie to thi~ cas- was as follows:
at Is u.unly the case, when any yalunLlc d .c,v
cry IL v1de or any new machine tf ,,r-;. mi iy j.
invented. that toeatentiun of the oublc In, ke.n,
'urncd to ihit subject previously, ana ,hnt macy
persons have hecn making rcse,t, chg. and ern.r,
menis fhlosopm rs ana niechlnict,n. NAV hnx,
W some III a-r" anticipated in their spcti'ations
the possibility Or prpDnuil,ty Of such discovery ~,
'zVcn'ioo; many experiments have beci successful
~ uled coming very near vet il lin. shu,t al III,
ne-i.cd result. They have produced noIhiny L,.,,,.
neal The invcnli, whe perfected may tniiv h,
-'d to he The eliminating point al MANY eS1arj
msn =, not IN y'by the inventor, but hy ponv "th
1rs ie may hay. proftcd indirectly bv The i,n-n,.
ce-siul experiments and failures Of uhers, hut 4
gives thein no right 10 cam share oi Tia. bcnor %
the prom OF the successful inventor II is whe1
specnis'on has been reduced to practice, when ex
pertinent la resulted In discovery and when I'm
discovery la been perfected by paicnt ana conrin
led experiments When some ilcs compound. art
manuiactn,e or mRtilinc ha~ been Inn. nrcdpce,
whcu 10 useful to public that the party
becomes spubc brnvi.ctor and entitled to Dn eft
"And yet when genius aud patti, Mt perseverance,
have at length succeeded, in slie of suvsrs ana
-cons, sinie vqiudbie Invention or cisco-ery, how
seldom is il fo!loHc | by reward Envy rob. lin
of the honor, whine spCculafors, swindicis, and nj
rates rob him OF the profits. Every uisucce .sf,
exl'erm. n'er who did Or did or did lot come wr,
near making II discovery nuw claims IL, livery on
wao can invent ali iinpru, emeut or vary its iorrn
ciaimS right to iraie the original disc j,rfy W
need not summons 'orsc, or BlAnchard. or Wood
worth To prove mat this Is the usual history of cy1
r. er~ai discovery ~ invention.
"ihe present case aods anotncr chapter u thi
long anu uniform his;ory."-2 Wallace, G. {, X,
ports p sal.