The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-07

TORP EDOES
THE ROBERTS
PETROLEUM TORPEDO co.
office al the
RED PLANING M}LE.
Cor er OF Pine and second slres,s.
Near she RatlrOadJ
TITUSVILLE, PA.
Owing to the large and Increasing demand for IN.
Rubchs' Torped es and the late dccisiOn os tS NE
Commit oner Of Patents in refusing to VIM Rsea
Spaient agd fht d'cisi IN of Judge 2 Giier ,p.
n M the 'uherts' patent they have LOWEREb
the price of trir Iorpedos
r. NENTf PER CENT.
80 that every operator cau aaoru " try a Torpedo
before Abandoning Well
The following is the decision rendered by Juaoo
urier on the twenty,secoru I22) day OF seItemhsy
isGg III the United states Circuit Court at phlads
phia. Iuc case was argued three days IL, ,b.t..
NJ. Keller ol New York, b. Lucas ana ;. A. pur,
vance OF PittspurSh, tor dcicndanls, and Geor5.
Htrtlinr Oi fEiaueiphla, and George IA. LLli-ls az
Pittsburgh, Tor plainLH.
OPINION OF JUICE GRIEhr "a
As write with ditfculty eau only stat. he co,
Clusions 10 which my mind has come nfl ler = csr,,r
examination o. this case.
The com .laiunnt has exhibited n patent dated
10Th of April leb0 THIS ia pr ma iacie evidence nf
good title, and puts Oh the respondents the Inn,
leu OF pror that the patent /. VOID or worihl,,s'
neeu not repeat my remarks Ia the case Of Good
,ear v. Da II Wall L. c. kop: ..sI bnt no.
t,l ID "A rul ~ al
pie clearly TO tho p,e-uR case.
As ihc infringement of the patent s admitted
the on! quenton viii be MS 10 tue validity Of con
plainAns pateni OF Apri u, 1s5S
Il was at',r speculation had been I, ,duced IN
practice and ait'r repeated experiment, hat IN.
complainant -noceedvd IN over coming the pr,indc.
aud iGnotance uf tie people OF the subject and
Dersu sIihg TIL pnhlic tia hi. Invention was M. "a
At he mad established it, grei utility and yar.
anu when MS genius and ,tient perseverance, in
spite o -neer. nu scoas, Were completely sue
&C sui, that IL. cd, who had before IN d.. exner
ments ON ne sam -abject and was un,ucc.,sful.
and sier Durclarin ing me or more complainant. .tor
peIoes, he appl ON tue LIST o! Nov,n Der 1871
Tor IA pate tfor substantially the zane combina'
ons Of devices and machine con aimed in c cmnlan,
ants naten,; On he 18th of the saiue nunih tbs
respondents formed ,hsmss ives into q company ar.
cor .oration called "Ih" heed or. edo 6mpany,
r the purpose u rating the compla,usnt, in
venuon, and supporting the expsnsee OF lii iga,iou.
aud tnus deiTaud HIM 4 the fruits. They havs u,r
served, even affer the prel.nsy injunction very
properly tlt AI-irlCf Judge.
Let degree be entered for CONF lainai for n.,.
peiual injun ctiop; and Master, nppoinIe 4, tsis
an account accordingly 10 the payer VI the.bill
Z. G. GtuEk, Judge
MI r The p:sss!' s:srrsd y BY Juas. ohsr
app icabe to this ease was "a follows;
1T is usually the case, when any valuable di.eoy
cry Ia Wade, or ANY new machine Of great uIii, A,
invcnien, that the .tention Of the puhc has bsr,
iuru,d to that subject PREVIOUSLY, and th.t many
persons have bsen making researches and expsI,
ments Philosopher and mechanicians NAV 6syv
'nsome n..suse anticipated In their sprculstiops
-.ie possibility o. probability Of sueh discovery or
-yention; many experiment. havs feel. ,ucc,:,fsl.
uieG' coming very near. yet falling short Of the
desired result. They have produced nothing bepe.
hcai The invention who perfected may truly
said to he the eliminating Itoiat of many exper
mon :, not only by the inventor. hut by many 9th.
ors lie may hav. profted indirectly by the iInsuc
ce-slnl experiments and failures of others but il
sNe- heni no rigat 10 ca m share oil the h, OF
the profit OF the successful inventor II is when
spC -llajion has beenreduced to practicn xh.n ex-
pertinent ha- resulted In discovery and when that
discovery has been perfected by patient ana cnntin
ned experiments, when some new compound, art
manufacture. or nircrlne has been thu produced
which Is usefulto the public that the party making
becomes apublio obenclactor and entitled to patent
"And yet when genius aud patti ut perseverance
nave NJ length sncceeded, in spite of GD.els and
suoff-, some valuable Invention or disco. sry how
seldom Is II followed by reward. Envy robs hin
OF the honor. whne spectators, swindeis and pi.
rates ROB MN OF me profits. Every Unsuccessful
experimenier who did or did or did not come very
near making discovery now claims it, Every or8
who can invent an Improvement or yarv it's form,
cmim- right 10 pirate the original discovery We
worth to prove this is the usual history of eve
~ great discove-y or invention.
"Ihe present case aod' another chapter to this
long and M uniform history."-2 Wallace. Z. Z Rel
ports p. ~