The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-06
ROBERTS PETROLEUM TORPEDO.
ROBERTS PETROLEUM TOKPENO.
TORP EDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office at the
kaD FLAMING MILL,
Corner OF Pine ana Second Strcets,
Wear the Raiiroad,)
TITUSVILLE, Pa. ::


0wins to the large and increasing demand for the
Roberts TorpedOes, and the late decision of the
Commission ner of Patents In refusing to Wm Reed
patent aad the decisim of Judge X. Z 1rier sus
taining the koberts' pitent they nave LOWEliED
the price vi their Torpedo,s
:rwENri. PER CENT,
40 that every Operator cin afford ~ try q Torpedo
before abandoning We'll.
The following ia the decision rendered by JUDGE
Grier on the twentysecond t2ll day of'September
1870 in the United States Circuit Court nj Pbladel
pha. The case was argued three deys by Charles
NJ. Keller of New York, Is. y. Lucas and 5 A. Fur.
Vance Of Pittsburgh, for defendants, and George
Harding OF Philadelphia, and George Ii. Ihristy, VI
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusons TO which my mind has come after A car.lr,
examination of this case
The.complainant has exhibited a patent dated
25th of April lists. This is prima acir evidence OF
good title, and puts on the respondents the bur
den OF proof that the patent Is void or worthless.
need not repeat my remarks in the case of Good.
year Va. Day u Wall, q. Z. Rep; x29,) bat now
adopt them as atfording rule O decision which ap.
plies clearly to the pi resent case.
As the Infringement Of the patent Is admi, ted,
the only question will be rs to the validity OF com.
painanis patent of April Is, 1858.
"lt was after speculation had been reduced to
practice" and after repeated experiments thar the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject, and
persuadng the public that his invention was use mi:
after he had established its great utility and yans'
and "when his genius and patient perseverance. in
spite of sncers and scOtfs,' were COMPLETELY suc.
cessful, that Reed, who had before made expert.
mene on the same subject, and was unsuccessful,
imagined that he had the best right to the invention
aud alter purchasing one OF more Conpainant's tor
pedoes, he applied ON the lst Of November, 1861,
| for patent for substantially the same combina.
tiOns OF devices and achine contained in comp,nn
ants patent. On the 10th of the same month the
| Respondents formed themselves into a company or
| corporation called "rhe Heed Torpedo Con,nnny y
for the purpose of pirating the compiainant,s in
vention, aud spportin. tile expense OF litigation.
and thus defraud him of the fruits They have ne.
severed, even aiter the eminary Injunction very
Let decree be entered for complainant for per
petual injunction. and Master appointed to take
an account according to the prayer Of the bill.
.--..-- X. e. GRlER, Judge.
NorE.-The passage referred to bv Judge Grier in
his former decision, Wallace, p 300 adopted as
| app icible to this case was as follows:
'lt Is usually the case, when any valuable di.coy.
cry s made, or any new machine of great mi ity ia
Invented, that the attention of the public ha, been
.uratd 70 mat subject previously, and that many
ments. PHILOSOPHERS anu mechuniciaus NAV hay,
IN some measure anticipated In their spyc,iiations
the possibility or prooability Of such discovery OF
| invention; many experiments have beet successful
desired result. They have produced nothing bene
nciai. Inc lnventlon wheL perfected may truly be
said to be the eliminating point of MANY exDeri
men 8, not only by the inventor, but by many 9TH
ors. lie may have protted indirectly bv the i,nsuc
ce.sfll experiments and failures of Others, but /,
gives them no right to clam share OF the be nor Of
the profit OF the successful inventor It is when
speculation has been reduced to practice, when ex
pertinent has resulted in dis ,overy and when thai
discovery has been perfected by patient ana contin
ued experiments, when some new compOund art
manuiactuie, or machine has been ,hl- produced
which Is useful to the pnblicthat the party maxim. Il
becomes apublic bepefact0r and entitled to patent
sand yet when genius and patient perseverance,
have at length succeeded, in spite Of sn.ers and
SCOTS some valuable invention or disco"erv. how
seldom is il followed by reward Envy robs him
Of the honor, whiie speculators, swnde,s, ., and pi
rates rob him of the profits Every unsuccessful
experimenter who did or did or did not come yery
near making discovery now claims it. Every ons
who can invent an Improvement or vary its form
claims right To pirate the original discovery W.
need not summons Morse, or Blanchard. or Wood
worth prove that this il the usual history of cy,,
| ry great discovery or invention.
"fhe present case aods another chapter to thi.
long and uniform history pa Wallacs, G. .. Ike
ports p. 292.