The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-13
soBERlsII1boLTUM. ToErIro {

RED planning MILL.
Cor er OF Pine and Second Streets.
Near the RatirOad,)
TITUSVILLE, Pa.
Owing to the large snd increasing demand for M,
Roberts Torpedoes. and the late decision of lie
Commissioner Of Patents In refusing to VIM. Reed
patent, and the decision Of Judge r. C. Grier sus
talnng the Roberts patent they have LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
40 that every Operator can afford " try a Torpeoo
before abandoning Well
The following is the decision rendered by Undo.
Gricr on the twenty .sccono (s2l day OF setember.
istg, in tue United states Circuit Court at Phad.
phia. TDs case was argued three days by Charles
NJ. Keller OF New York, Is. + Lucas and : A. rur.
yiaucs ol Pittsburgh, Tor defendants, and ,.orye
Hardin, of Philadelphia, and George Il. ,hfi-iy ef
Pittsburgh, for pisiniifi.
OPINION OF JUDGE GRIEKr Cy ~
As I write with diflicultyI can only stat. the co,
illusions to which my nnd has come after a car.ts
examination OF this case.
The complainant has exhibited q patent ds,sd
18th of April, ls65 This is prima iacie eyiene. NJ
\ good title, ard puts on the respondents The Inn,
den of proof that the patent is void or worthless
l,nnt
year Va. Day q Wall, &. G. Rep; .2gJ but now
adopt them as aiording rule OF decision Which Az.
plies clearly to the present case.
As the infringement of the patent Ia admitted
the only question will be as to the validity of com
plainsn's patent of April -, 1888.
81 was after speculation had been r,drced 10
Practice and after repeated experiments. that the
complainant succeeded in over coming the preindica
and ignorance Of the people on the subieti' ana
rersA llng the public thar his invention svas u.,fn
aft.r he mad established its great utility and yslne
and when his genius and patient Perseverance, in
spite o rnecrs nj scoif-," were completely .u.'
cessiul, that Reed, who had before made eynsri
meni- on the same subject, and was unsucc,es,nl
and After purchasing or more conn plainaul Tor
pedoes, he applied ON the lst OF November M,
tor patsnt for substantially the same combps
ons Of dsvicss and machine aimed in counlain.
ants patent; On the 18th Of the SANE monb nh.
respondents formed thense Ives into u company or
CORPORATION caleq 81 he iced ToriedD Cumr.ny.'
fsr the purpose Of pating the ompainalr in
ventaon, and supporting the expensee q lit CATION
and tnus defraud him cf the fruits. Toy have per
served, even after the prcl.mary injunction very
PROPERLY granted by ii, .,i.'rici judge: '''
Let degree b. entered for conn lamar for n n.r.
pe,ual injuD ctioD; and Master, appointe 10 tsks
an account according 10. the payer OF thc.b :.
X. {. GklEk, Judge
NorE-The passage referred to by Judge Grier in
his former decision. y Wallace, p. 299 adopted a.
app icabie to this case was as follows:
1T Is usually the case, when any valuable discoy.
cry Is made, or any new MACHINE of great utility il
Invented, that thcs'ten,ion OF the public has been
turned to that subject previously, and that many
persons have been making researches and exp,ri.
ments Philosophers and mechanicau. NAV h,,e
III some measure anticipated In their spcctiations
.he possibility or probability of such discovery or
invention; many experiments have been successful
y thed, comm. very near. yet falling short OF the
desired result They have produced nothing bene-
hcal. The invention when perfected NAV iruy :.
said to be the eliminating point OF many eILer
men Z, not ony by the inventor. but by many 9th.
ors lie may have prolted indirectly bv the insuc-
cessful experiments and failures of Others, hut it
gives them no right to claim share of the he nor Of
the proht OF the successful inventor IL s when
'pesulation has been reduced to practice when el.
pertinent has resulted In discovery and WHEN that
discovery has been perfected by patient ana eonts.
ned experiments, when some new compound, All
manufacture, or machine has bc.n thu. prolueei
which is useinlto thepnblic thai the party nakingi
becomes public benefactor ~ tenttled to patent
"Ahc yet when genins and rstient perseverance
nave at length succceded, in spite of su.srs and
ICONS, snme valuable invention or discovery, how
seldom Is II followed by reward Envy robs him
ot the honor, whine speculators, swindlers and pi
rates rob him OF the profits. Every un.nccessnl
Experimental who did or did or did not come yery
near making discovery now claims IL, Every ons
VINO can invent an Improvement or vary its form,
claims sright to pirate the original discovery We
need nc.sumnons Morse, or blanchard. or Wood
worth 20 prove that this is the usual history Of eve.
ry great discovery or invention.
1.-The present case ADDS another chapter 10 THE
long and uniform history."-2 Wallacs'i L. Z Ri,
ports ?. 792