The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-04


'EORP ILDOES.
THE EHTs
PETROLEUM TlRpEnO co.
Office at the
Ran planning MILL.
Ooraes OF Pine and second streets,
wear the RaliroadJ
TITUsVILLE, Pa. :.
Owing 20 the iarrc and increasing demand for the
Roberts Torreloes, and the late decision OF the
Commissioner of Patents in refusing TO WA. Reed
patent ard the Gs'si Ia of judge II. Z Uuer sus
taiuing the kDbere pltent they have LOW kitEp
| the price Of their 'forpedoes
..TwEN NrY.. PER CENT.
40 that every Operator can at6ro " try O Torpedo
before abandoning = Well.
1he following is the decision rendered by judge
9rier on the twenty SECOND ,2.l DAY OF September
lSg IA the United States Circuit tourt M pl Iads
pla. The case was argued three days by Charlie.
VI. Keller OF New YORK, Is b Lucas and \. A. Put
yiancs OF Pittsburgh, for defendants, and George
Harding OF Philadelphia and George Ii Chri-ly, vi
fittsbuieh, for pls nlik
OfiSlON OF JUDGE GRIER
As write with difficulty cs" ouly state the con
cIn.ons to which my mind has come after car.!u
examination Of this casa.
Inc com, ,liiin,nt has exhibited n pntcnt date
18th Of April, 1850 This Is prml iacv @, ijece ui
good title, and puts on the respondents The bur
den OF proof that the patent IL vvid OF worthless
need NOT repeat my remarks III he cas-. Of Good.
year VS.. Day (zw.l, G. q. kep; ..9J bat nov
adopt them AZ aiordins rule o, decision W ich An
plies clearly to the resent case.
infringement nj tlan eafn t. IL
the only question will 10 20 the yaliu,t, oil com
plsinsns patent Of April Is, 1s5S.
ut was after speculation had been reduced to
practice" and after Icesied experiments that the
complainant succeeded In overcoming he pr,iudicn
and ignorance of the people Un the subject, and
persuading the public that his invention was uscl:
after he ilad established its great utility and value
and when MS gen us and patient pcirev veiance in
spite Of snCere and scOts," were cOmDleteiv suc
cessful, that Reed, who had before made exneri.
ments on the same subject, and was unsiccessful,
imagined that lie had tine best right 60 tue invention
and after purchasing one 0f more ant : tor
pedoes. he applied on tho LIST Of November 1s6i.
for patent for Substantially the same coInbina
Mons OF devices and achinc Contained in complain
ants patent On ths 10th of the same month the
Respondents formed themselves into q cOmp,ny or
corporation called "rhe Reed Torpedo Cuinpnnv. u
for the purpose OF piritng the Compartments in.
sention, anu supporting tine expense OF Ijt,ration
and thus defraud him Uf the fruits. They have ne
severed, even after the pre- ninary Injunction very
properly granted by the District judge.
Aee 1910 NC ehteieo i"r complainant for per.
petual injunction. and dastcr appointed 10 take
an account according To the prayer Of the bill.
$50 n. y. GhlER, judge.
NoTE.-The passage referred to by JUDGE Grier ir
his former decision, Wallace, p. 800 adopted A.
app icabe to this case was MS follows:
ut 1s usuaiy the case, when any valuable di.coy
cry Is nade or any machine Of Or, a mi INV /.
invented that the attention Of the public has beer
| turned 10 that subject previously, and that mani
persons have been making researches and expert
| ments PhilOsophers anu niechanciaIs NAV hsy,
| IN some measure anticipated In their sD ,ation,
the possibility Of prODao,ilty Of such discovery OF
,nvention many experiments have bteL successful
y nied, coming very near. YET falling short Of th,
desired result. They have produced nothing bene
fclal. The invention wheu perfected NAV truv b,
| said 10 be the eliminating p0nt OF MANY exneri
men ., not ony BY the inventor. hut Nv many 9th
0fs. iie may have pfohted indirectly by the Hn.uc
| ce-sful experiments and failures of uther., but i
gives tbem no right to M share OF the Rcnor q
| TIC prod' Of tho successful inventor Il IA whe,
speculaion has been reduce d to practice. vhen ex
pertinent has resulted ~ die ,overy and when tia
discovery has been peffcte by ps,Icnt ana con,in
ued experiments when some new com,wnnd ART
| manufacture or machine has been thu. pr0iucet
which is useful 20 the public that the party i,nknx
becomes apubc benefactor ard Untitled to patent
! "Anu yet Whcn gehla- aud patti, ut persever me
scohs, some vsinabis invention or cisco"ery. how
| seldom is VI followed by r.wefd Enyy roi,. hin
OF the honor, ~hi,e apecal,Ors, swiu,lle 4 and nj
| rates rob him Of the profits. Every uisnccess!n
eAptrinitnief VIM did or DID or did NOT come VIZ,
near making u discovery now claims IL. Every on
eho can invent All Improvement or vary lie form
clsiins right u nTa's the Original discovery ~,
heed not sumRohs worse or blanchard or Wood
WORTH 70 prove tas f'is u the usual history of eve
ry great discovery or ibvcntOn.
| "lhe present case ADDS another chapter tn thi
long and nnif1rm history Wallace, c. u. Ike
ports p. 42a