The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-05
1UDEKTs' PETROLEUM TORpECU
nUbEKTS FET TRULFUN TUKPECO
TORPEDOES.
THE ROB ERTs
PETROLEUM TORPEDO CO.
Office at the
isdD PLANNING MILL,
Corner of Pine ana second Streets,
Near the ksailrOad,)
TITUSVILLE, Pa.

Owing to the large aud increasing demand for the
Roberts Torpedoes, and the la,c decision of the
Commissioner of Patents in refusing to Wm. Reed
patent a.li the declsi m of judge Il. Gller sus
aiuing the Roberts patent they nave Low EKED
the price of their Torpedoes
TWENTY PER CENT.
40 that every Operator can afford 10 try n Torpedo
before abandoning - Well.
The following is the decision rendered by Judge
Grier on the twenty secona l22) day of September,
leia in the United States Circuit Court at Philade
pha. The case argued three days by Charles
M Kellu: of New York, .. h Lucas and y. A. Pur-
vance of Pittsburgh, for defendants and George
Harding of Philadelphia, and George H. Ihrisiy, oi
Pittsburgh, for plantiii
OPINION OF JUDGE GRIER
As write with difficulty can only state t,e CO..,
illusions 10 which my mind has come after careu
examination OF this case.
The com ila,nanl has exhibited patent dated
18th of April 1863 This l. prima iacir evidence u
a good title aud puts on the respondents the bur
den of proof that the patent is void or worthless
need not repeat my iemarks in the case OF Good
year vs. bay q Wall, &. c. kep; 22.,) hat now
adopt them n a'lordng rule o. decision Which al
pie, clearly TO the ple esent case.
As the infringement of the patent is aimi, ted
the oni. question will be us to the validity ui com
| plainanis patent of Apii -, ls5S.
'lt was after speculation had been reduced to
practice" and alter repeated experiments, that the
complainant succeeded i'll overcoming he prejudice
persuadiug the public that his in,euton was uscu
after he had established lis great utility and value,
and 'when Ills genus and patient perseverance, in
spite OF sncers and scOil-, completely s:Ic
ces .ful, that Heed, who had uelorc mace expert.
nfents on the same sujcet, and was unsuccessful,
imagined he had the best hight t. the invention
AID after purchasing one OF more Conpa,i'ilt Tor
pedoes he applied ON the isl OF november 1861,
| for patent iOr substantially The same comiina
ton, Of devices and achine contained in compan
ants patent. On the 1hth OF the same mOnih the
corporation called ''lhe Reed Torpedo Company
for the pu pose III pirating the cumplainanl's in
yenlivi, supporting tie expense oi litigation,
ard thu, defrauu him of the nuts They have per
severed. even alter the preliminary Injunction very
properly grantei by the District JUDGE.
Let IL d crr be entered for complainant for q per
petua njunction, aid 4 ,isstcr appointed 10 take
an accouiI, according 10 the prayer Of the Uill.
IL. G. Eh, Judge.
NorE.-Thc passage referred to BY Judge Cricr in
his former i,t='On, 5 aliace p. 2gl adopted as
app ic.be to this case WIS us follows:
alt Is Usually the cusr when any valuable discov-
cry is wade, or any new machine of great iity l..
invented, that the ealtention of the public has beer
turned to that subject previously, and that mai,y
| persons have be.n making researches and expert
| meats. Philosophers ana mechancians may have
II some M astrr anticipated in their SD cl atiOu-
..e possibility Or proDail,ty OF such discovery or
| ,nvcntou; many experiments have bser successful
" tIied, coming ve'y neir Yet falling short Gi the
desired res,llt. They have produced noihin, brup
said to be the eliminating point OF many expert
men :, not ony by the inventor, but by many 9TH.
urs he may hay. pr0iiteG indrectly by the i'm ,uc
ce-sfll experiments and failures of otIer.. hut /;
nve. them right to ca share-oi the honor of
tie proii of tho sncccs silll inventor 1t is when
speculation has been redaced to practice vixen ey.
pertinent la resulted in discovery and when thai
discovery has been perfected by patient ana contin.
led experiments, when some new compound. art.
manufacture. or macniDe has been rIIl- produced
winch Is useful to thepnbic, that the party inan.,t
beru apublic benefictOr and entitled to ia, enr
sand yet when genius and patient perseverance
have at length succeeded, in spite of sn.ers aud
SCOTS some valuable Invention or discovery how
seldom il il followed by reward ! Envy rob- him
pf the npnor, vi hiic Spectators swindle and pi-
rates rob him of the profits. Every Unsuccessful
experni, u;er who did or did or did not come very
near making discovery now claims it. Every ons
who invent an Improvement vary its form
claims right 10 i'ir,,l- the original discovery We
need not SUMMONS worse or Blanchard. or Wood
worth prove thai this is the usual history of eve
ry great discovery or invention.
"The present case adds another chapter to this
long anu uniform history."-2 Wallace, Z. Z ke-
ports p ~: