The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-12
ROB EElS PERoLFuN voaprn'v
TORl' ItDOFS1
THE ROBERTS \
PETROLEUM TORPEDO m
Office at the
IL En PLANING Mill
cor cr OF Pine and Soc coma ,,
Near the ka'iroadJ
TITUSVILLE, PA.
OPINION OF JUDGE GRIEF /,

orlNioN oF JUDGE GRlER, N
As write with difficulty can only stat. M,
clusions To- which my mind has COME after =.
examination Of this case.
The complainant has exhibited . pstsn, a,
18TH oi Aprli, 1875. This Ia prma faci. eyids.,
a good title, aud puts on the respondents ib-
den of proof that the patent is void or wor,hl.
need not repeat my en.arxs in the case OfG|
year vs. Day {. Wall, c. {. Rep .xy,l bn
adopt them n. ahOrding rule OF decision xLi,b 81
pIc- clearly 10 the present case.
As the infringement of the patent 10 admit
the only question will be as TO the validity Of n
p!aiuAnis patent Of April 25, 1855
II WAS after speculation had bpcn Reduced
practice. aud afttr repeated experiments Inn,
complainant succeeded In over coming the prrIrt
and ignorance Of the people OIL the sut,rti b,
uc.eutuiug the public thal his invention ws, 80
a.t r he mad established its great utility and nj,
and when his genius and patient pers.,ersra
spite q rncers and scotf.,' were connlrtrjv :,
siul, that Reed, who had before mhde ere
u!cut- on the same subject, and WAS un.uso n
and after burchasins one or more complainant.
pcIue-. he appli-d on the l.t Of November h.
Tor patent for substantially the same couh,,l
uI- ui devices and machine contained IL eont..2
an. pai.nt; Gu the 18th Of the same mopi \
respondents formed thense ives into a compsr,
cor. Grafton called '1hc Reed Torledo rl,,,t
the purpose Of p'ia!lng the cou. pian.I.
vrntion aud supporting the expsnsee OF h,r,..
aud ilus deiraud hin, of the fruit. They hsw =
suved. even amer the prcl.ma'y injuue,i.n r.7
iropr!ly granted by tic .i>trict Judge
Let degree bc cuter,'a for cernI lsnai I for "
l.etual inJun ctiop: anA~ Master, aypoinie " I'D
"u accoudi ac.oidinS TO the payer of the,bill n
K; L. GRlEk, Ju1'
NorI The passage referred to by Judge l;rs 1
his former DECISION, 5 Wallace, p. 10 saope.
app iCabe to this caee waa ~ follows:
"lt il usually the ease, when any valuable diss'I
cry Is made, or any new machine Of great utility !.
Invented, that the attention OF the public hs, b.;
turned ~ that subject previously, a3d that %, /
per-Ons have been making researches and e1ps1
ments. Philosophers asd mecLsnicAns may Sr
III some measure anticipated In their speeuii,,
.le possibility or probability Of such discovery sl
n'entiou; many experiments lave bseL succosi.
y tiici, com ~ very near. yet fsling short o. I'd
te-ired s.rult. They have produced nothing had
hcai. The Invention whel perfected may lu! 1
said 10 be the eliminating point OF MANY eIisI
men =, not only by the inventor. hut by mai! VI
Ors. iio may have profted indirectly by the ut,.
ce--ful experiments and failures Of Others, bl ]
gives them no right To CLAIM share OF the hcla 4
t'e profit OF the successful inventor! II !: va
spetuiailon has been reduced 10 practice, vhau'
pertinent ha- resulted III discovery and when a,'
discovery mas been perfected by patient and eot'f
Ged experiments whom some new compound 81
nanumctule, or machine has been thu' pra1ee
which, /, useful to the public, that the party nakHN
becomes apublic bcnefactOr and cititlrdtoa a'sl'
sand yet when genius and pS, Ut per.e'sf'h'
have at length succeeded, in spiis Of sn'srs 'h
SCOTS, some valuable invention or disco'sry, sTV
seldom Is II followed by reward Envy fobt a'a
OF the honor, "hiie specula,ors, swiudleI and \
rates rob him Of the profits. Every un'uctes'.
sxI,erimcni.r who did or did or do not come VI!
ne.- making discovery now cls.ins II. E,d! ~
who eau invent all improvement OF vary in iI.
claims right 10 pirai, the original discovery! "
med not SUMMONS Morse, or Blanchard, or ne'
worth to prove that this is the us.a history Of s
ry great discovery Or invention. i.
'''lhe present case ACIDS another chapter W "
long and uniform history - Wa,Iacs,I u
ports y. 70!