The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-12
auBEETs' PETROLEUM roBpcro.
aoBkETs' PETROLEUM ToRPcro.
EORP l-II)OES.
TIE E:OTgE3ET6
ELTIJ[LVT T3RFEg1 CO.
Office az the
RAD PLANING iaTtL,
Corner Of Pine ona Secoia streets,
Near t,,e iEasiroatJ
TITUSVILLE, PA.

Cwtna 70 the large ana increasing aSnagd for the
Roberts WOrped Ic., ana tns iate dscsi4a o. u!,,
Commissiouer Of Patents ia reu-,n, to IN. Is .ct
Patent. AID the Dc ,isi IN oil JuI,c -. ene- sue
taiuiiig the ltobects' pstea, they nave LON AAED
The prlce OF their Torpedoes
TWENTY. PER CENT.
50 that every Operator can aGora 10 Try a Torpedo
before abandoning WlL
l'he following is the decision rendered by Jrdrc
Grer on tue tveity-secnuj t22l day of E. It.mbsr.
i*", III Me Umiitd states Circuit Cout az Ph lade
NJ Keller Of New York, d. E. Lucas and 5. A. i,,r
yiSnce OF Pittsburgh for defendants and Cenrne
Harding o: Pliadeipha, and George Il. lh.isly. ur
Fltistussh, for pianil.
OPINION OF JUDGE GRIER.
As write with diliclliy can only state the con
clus'ons 10 which my mind las come ar.er a car,
examination Of this case
The cOhl 3lain1nt has exhibited a intent dotod
ss.n OF April, loj5. This l. prIma facie evidence o
good title, and puts on the respondents the bur
den OF pro # that The patent is VOID or worthless
ileed not repeat my remarks in the case of SYol
year vs.: Dag t2 Wall, c. C. Re;; 2.g) bat now
adopt them az aifortlins RUE oi decision witch at
plies clearly to tle present C Use.
=, AS The infringement of the patent is admit ted
plallianis patent OF April p, ls5S.
"it was after speculation had been reduced to
practice aud after iepeated experiments, that tue
complainant succeeded in oyercOiGin .hp rrp;pci.r
aud ignorance oi the people ON tie sub{eef anI
pcrsuadiug the public that Iii. invention wa, tsc ii
after he had established lis great utility and y,le
a,u WHEN Ils gSl.us n'Q patient perseverance, in
spite oi snccE: and SCOTS were completely slc
eessfu, that heed, who had before made cxl,srj
menls on tAe sumo subject. and was Unsuccessful
nnglneu thit ho mad the best light TIE invention
ana alter purchasing one more CumralnalIt'> Tor
nedoes he applied the list of Noy,,nher ,6e;
Tor patent for substantially the same con,l,ina
'tons oi devices and ahiu" contained in conu,uit
ants patent. On the 10TH of the same month ,he
Ie-DpufeutS formed them it..,
corporation called "rha Reed Toipedo Culr,,nv >
ior the parpos, OF pirating the cOmpla,nan,s in.
vei,tlol, anu supporting the expense oi litigation
and thus deiIaud him OF the fruits They hive me-.
severed, even after the pre- iniuary iruuction Very
properly granted by the Distiict Judge
Lei Decree be entered for complainant for a per.
peiuai injunction. and llaster appointed 10 fake
I'LL account according to tie prayer of the bill
=. .y.-- h Z. GttiEii Judge.
NorE-The passage referred to by Judge Crier in
his Former decision, . Wallace, u. 29D a!optrd Is
app icatie to this case was as follows:
~ Is us"aii! the ease, when any valuable discov.
cry Is siade, or any new machine Of grr,t ity i,
.scn5cu, traI tneaitchtlon OF tue pubic has been
persons have BEEN making researches ard ,xnrri
meats. IhiCs'pAcrs ana nleclllu.cails NAV Law
" some m.asure anticipated in their sp oulat!on-
tlc ppssiDi lty or PROBABILITY OF such discovery on
invention; many experiments have bce, arcctisrul l.
!! lile coiulug Ney rear. yet laiinr shprt q, tbr
de'i,ei result They have produced noihinr benp.
WE PERFECTED NAV lFlliy he
s';f - bu tho eliminating point nf many evn2cri.
Ileh = nj 0ny blythe ihveAtor, hut by many otI.
o. !ie maHhtEt pr1i,ted indirectly by lLe 1n.I,c.
ce's.ul Experiments and failures of oiher! Int II
give them no right to ca III shlre OF the hcnor Of
jhe prohi of the successful inyepfo. II ia When
speculation has been reduc d to practice whom ey
pertinent IA resulted in ds ,oyery and when Il a,
u Sonc'! nS oei perfected by patient anu c0n,in.
ued experiments, when some new cl,uDound art
inanGlac'ure, or machine has been hu. prt dncsd
winch Is nsen to pibic that the party inaking il
oeeulnes apuDlic bsh- h-ilctOr and entitled 10 IA et
"and yet when genius and plti, mt persc. crane
nave at length sncc edei, i'll J i'e of 81 GERS and
SCOTS; enule valuable invention or Cis.o.erv ho,,
seldom Is ii followed By reward Envy robs Lin,
Oh tle honor, Whine speculators, swiudle S. and hi.
rates rob him OF the profits Every uusnccess'rl
e1perlmsnter who did or did or did not come yery
near making discovery now claims il, Every ont
VINO can invent an Improvement or vary its iurIn
claims right To lirse the original disc lvery w
n ed not summons Morse or Blanchard or Wood
worth 10 prove taat this is the usual history of oy,.
~ great discovery or invention
"Ihe present case aads another chapter to thi.
long and uniform history."-2 Wallace, c. c. Ike
ports p 2e5