The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-14

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,TDRPEDOES.
THE RtsB ERTs
PEVRsLFvM goRrEru CO:
Office nj the
lsHD PLANIKG hill.
pcraer Of pine and second streets,
;Noar tho katirosdO
TITUsVILLE, PA. ::
C77inr to the large and Increasing demand for the
EOheruS TorpedOee, ard the late decision o! the
Commissioner Of Patents IN refusing 20 Vim. Reed
patent, and the decision Of Judge X. Z 1,1sr rus
taining the isoheris patent they have LOW EkAD
the price Of their TorpedOS
..TwEN ~. PER CENT.
80 Cha. every Operator can afford 10 Try . Torpedo
befGse absndoning Well
The following is the decision rendered BY Judge
Griar On the twenty second (a2, day Of september,
lsf9 in the United States Circuit Ccnrt at PblsdsI
phia The case was sTyaed three days by Charles
n. Keller OF New York, b =. ilucas and $. A. Pur.
Harding of Philadephis, a.d GeorYs II. CAristJ, of
PittsbargA, for plaintE
OPINION OF 5CDGs GREER
A. write With iitieu,,y can only .tate the con
elusions to which NJ. mind has come after ssrein.
The con llainant has exhibited a patent date
18th Of April 1856. This Is pr ms facie evidence Of
den OF proof that the patent is VOID or worthless.
neod nN repeat my femnrke In the case Of Good
year ~. Da, q Wall, Z. G. Kep l9,) but now
sdopt them o. afordins rule OF decision witch sp-
.stt. al. a. f,,n
A. the infringement OF the parent 10 admit ted,
the On, question will be 40 10 the validity OF com.
plainan's patent Of april ~, is5S.
''it was after speculation had been reduced to
practice" aud after repeated experiments thas the
complainant succeeded In overcoming he prcjuuie.
and Ignorance of the people On the subject, and
ptrsuAdilg the public that his invention was ase
ster he hsd established i,s great utility and s.ue
and when ls gent rs sno patient perseverance,, in
spite of sneer. and scoff-," were completely sue
cessful that Reed, Who Lad pcfore made expert
menre on the same subject, and was unsuccessful,
imagined that lie had the bsst fight pthe invention,
q after purchssinsone OF more Complanant's tor
pedOes he supplied on Tire tst Of November, 1877,
Ton patent for sabstantislly the same comhina
tUns Oi devices and achine Contained in coInpia
ante patent. On the 10Th Of the same month the
respondents formed themselves into = company Or
corporation called the kecd Torpedo COMPANY, .
for the plrpOeeN Idrating the c0mpiainant's In.
,ention, snd .upprtn. the expense OF litigation,
ard thus Gefraud him II the lruits They have pe,
severed, even sft.r the pre- iminary Injunction very
properly gr4utei nv tire District Judge
Let decree be entered for complain mt for per.
Petusi injunction. aid Master appointed 10 take
a account according to the PRAYER of the bill.
r. Q. GRIER, Judge.
NorH-The passage referred to by Judge Cr.er II
bic former decision, Wallace, ?. .o9 adopted q.
app ic.bic to thi. ease was ss follows:
"lt n usually the case, when any valuable discoy
cry ~ Siade, or any new maclas Of ret nj ity l.
invented, that toeatentton of the public has been
"a 90 "a
per-ous have bern making researches and exp, ri
msu'n. ihlosopntrs aud mech nic'sns NAV law
III some m usure anticipated In their sp cu'stion
the ptssn!i;y or p,orainlity Of such discovery o
invention; many experiment. have btei successful
" thea. cou.!pg very near yet fa ting short of thu
desired result They hav. produced nothing ben,
fcitl The invention whe' perfected may truly b'
e.id to he the eliminating point OF MANY expert
mon 2, ntf Ony by the inventor, hut BY many 9th
Urs 10 may hav. !,roh,ed indireeiy bv the iinsuc
ce-sful experiments and failures Of Others, but /
gives tho no r1ght 20 ca m share OF the he nor
the prof OF the succc-sful inventor II is wher
speculation has been reduced to practice, vixen ex
pertinent la resulted iI covery and when TIA
discovery has bsef perfected Ivy patient ana cOntin
led experiments. ~hsn some new compound art
manuldctIis. or machine ha- been ,hUs DrCduc,,
which s useful to the public that the party maxim
bee0me~ apubc b, nefactor md tntit led to patont
"and yet when genius and pat, mt perseveranc
have Al length -rcceeded, in syia OF sneer. an,
SCOTS some valuable invention ur Cisco"ery no,
seldom Is /, followed NJ reward Envy rnb- hu
Of the honor, hie syecul.tors, swindia =, and pi
rates rob hin OF the profits. Every Unsuccessful
experinpn,er Who did or DID or did not come ytr
nesr making = discovery now claims II. Every on
who car inv ht an improve yeneut or vary its form
claims a righ, 10 pirar. the original discovery W
need not rainuOns ,OFse. or blanchard or WOOD
worth 10 prove thst This IL the usual history of CIV,
ry kr, AT discovery or Invention.
''fhe present case Gcds smother chapter to thi
long and uniform history 20 Wallace, c. L. Il,
ports p. M