The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-13
90 tFF1S ifTEtlEUM .tLprro

-'h
TOR u ILDOES
TIfE Roberts
FE"nOLEvM TORPEDO CO.
Office IA, li,e
RED FLAMING Mill
Cor cr OF Pine and Second s,rcs,.
Near the Railroad,
TITUSVlLLE, PA.
Owing 10 the large and increasing demand co,,
Roberts Torpodoes, and the late decision oS ~ we we
Commissioner OF Patents In refusing to Wm p. w,
patent, and the drUisl 'n Of judge h C. C,to,S ,sN
taihing tho ROberts' patent they lave LOW - ~
the price Of their Torpcioes "0
TWENTY PER CENT.
40 that every Operator cai, afford " Try a rorro.
before Abandoning II We'll. fNo
The following IL the decision rendered bv Tad
Grier Oh the twcnty.secono (22) day OF s,it.uHe'
1869, III the United states Circuit Count at phIa'
phls. The case was argled three DAYS Inv ,r''
ii. Keller OF New \ orll, b. +. Lucas and : A h
viaIie. VI Pittsburgh, for defendants, and I.,
Harding of fhiadelphla, and GeUIge IL. Ilri,lt
PlltsbuIBh, Tor pIa'Lul.
OPINION OF JUDGE GRIER,r-
As write with difficulty can only state the "a.
illusions 10 which my mind has come after n es,.
examination of this case.
The com plsinant has exhibited a patent ds,
25th Of April, ISIS. This IT. prlma iacie cyidenc
a good title, anu puts on the respondents thr Ls.
den Of proof that the patent Is void or woithles.
neei not repeat my remarks III The case Of Good
year W. Da, l2 Wa &. C. Rep; ..gl bat n..
adopt them H. aiiordng rule oI decision which A.
pies clearly 10 the present case.
As the infringement OF the patent Is ainutF
the only question will be as to the validity OF r,M
piainanis patent OF April s5,ls5S.
81 wis after speculation hnd been reduced, 10
practice. and ait,r repeated experiments that The
complainant succeeded IN over cuiuug the prpgd1 n,
| and isuo, auce of the people ON the subject AM
tersuauing the public tina, his iuycution was usf
aft he had established its great iiiry and ,alb.
nni when his genius and p tient Icr.Neraucs, il
spite u sneers NJ scof-, were completely .e
&C, .lul, that Reed, who had before IA de eype
| mcnt, on HE same subject, and was un-ucc,,.hl
| and after hurCha-ng one or more cuunpain,ut ia,
rciues, lie npphd ON tie lst of November, ISL
Tor u paieIt ivr substantially the zane cuuIdi,
un- Of devic,s and machine con a ned in eunnlsr.
ant patent; On ihe 10th If the same mon il u.
Respondents formed the nse ives into . cumpau, u
cor, Grafton csii,d - Ii" Heed or edo t,Mrau,
the purpose of rating the Complainant. . /.
ven,ion, aud supporting the eXprs see 6i lit g,,ua
and tnus deirard hun OF the fruits They lave lei
sclved. even aifer the prci.mary injuucti Il ,,J
properly rIailted by u, i,Iricr Judge:
Let degree be onerd fpr conn lAintit for a ~.
petnal injunction; and &, Master, upplu,c to lA
an act"uLi avoiding! 10 The payer of the bill a..
Il. &. GllEk JuGcs
NoTE. The passage referred TO by Judge Crie- ID
his former dec. ON, Wallace, y. 80 adupjed as
app icable to this case was us follows:
"lt j. usual the case, when any valuable li,coy
cry IL wade, or any new machine Of great uIiiy i
Invented, that thcatention of the public la, beI
turned to that subject PREVIOUSLY and that nalr
persons have been making researches and expar
inents Philosophers ana mechanicians may lave
III some MEASURE anticipated in their specUauOr
.ie possibility Or probability of such discovery %
Inventions: many experiments have beet sucCe,.l !
y tiled, coniing very near. vet falling short VI u
desired result. They have produced nothing bs
nclal Inc iuNclilo.. whei perfected may iuI!
said to be the eliminating point oi MANY cSiG'
inon r, not Oll 10y the iuNeltOr hut nv many q.
or-. iio may hav. proited indirectly bv the ur.5
cc-,iui experiments and failures uf Others, bui
gives Them no rlt to ca III siarc Ui the h, Ir
TIE prOii OF the successful inventor 1t ia VII
spt, ulhlon lils been reduced To practice. wifu r
pertinent hil- resulted in discovery ant whs a.
discovery ha- been perfected hy patient alG cont.
ued experiments, When some new compound ~ |
| manu!actiue, or macihnc ha- been I.u- p'tDa
which is useful tn the public, that the paItl mat
becomes Apubl' btnciaCtor and vntiIi,C iua a'ui
"Andyet wh,n genius aud pati,ut p,r"elsie
have at length alcc, Cded in -uile of su,cIs bh
-SOilS. some NNluubie Invention or CISCO ety. NV
| seldom il II followed hy reward Envy IoUs Lin |
OF the honor, Whine spccnlsiors, swtndic ;. ald r.
| raies rob him of the profits. Every uu,uccg'sH
exp, rimtntrr who did or did or diu lot come Wy
| near making discovery now claim, 1t. Every yM'/
who can invent an Improvement or wary its iolr
claims n right Ia pirate the original uisciYHy W
need not summons Morse, or Bllnchnid or Woo
worth to prove that this il the usual history OF ue
| ry great discovery or invention.
"The present case aGds another chqptcr to "
| long anu uniform histOry.'-2 " uilaoe,, Y. I "a
ports p. 2R