The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-16
ROBERTS PETROLEUM TORPEDO.
ROBERTS PETROLEUM TORPEDO.
EiDOES.
THE ROBERTS
PETROLEUM. TORPEDO GO.
Office mt the
.RHO PLANNING MILL,
!. Corner OF Pine and second streets,
Near the KatlrOad,)
TITUSvILLE, PA. =:

Owing to the large and increasing demand for the
Roberts Torped d,es, and the late decision Of tine
| Commissioner of Patents In refusing to WIN. Reed
patent and the decision Of Judge n. Z. Grier sus-
taiuing the Roberts patent they navs LOWERED
the price Of their Torpedots
.TwENrI. PER CENT.
so that every Operator can afford " try q Torpedo
before abandoning Well.
The following is the decision rendered by judge
Gricr on the twef. ;acond (22l day of September
1879 in the United States Circuit Court at Philade.
phia. The case was argued three days by Charles
NJ Keller Of New York, b. y. Lucas and 5. A. Pur-
Vance of Pittsburgh for defendants, and George
Harding of Philadelphia, and George II. Chrisy Of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusions to which my mind has come after careful.
examination of this case.
The complainant has exhibited patent dated
18th Of April, lo5o. THIS Is prima ace evidence OF
good title, and puts on the respondents the bur
den or proof that the patent Is void or worthless.
I need not repeat my Iemarks in the case of Good.
year -. Day q Wall, c. c. Rep; 229.) but now
adopt them as aiording rule ol decision which ap.
plies clearly to the present case.
IS the infringement of the patent Is admit ted
the only question will be to the validity of com.
plainsnis patent of April IS, 1858.
"lt was alter speculation. had been reduced to
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance of the people ON the subject, and
persuading the public that his invention was usefI:
after he had established its great utility and vaue
and "when his genius and patient perseverance, in
spite of sncers and scols," were completely suc.
cessful, that Reed, who had before made experi.
ments on the same subject, and was unsuccessful
imagined that he had the best right to tue invention
ard after purchasing one more COMPLAINANT tor
pedoes. he applied on the LIST of November, 1867,
for patent for substantially the same cOmbiua
tons OF devices and achine contsned In complain
ants patent. On the 18th of the same month the
respondents formed them selves into COMPANY or
corporation called "The Reed Torpedo COnpsnyn
for the purpose OF prating the c0mplainants In
vention anu supporting the expense Gt litigation
ard thus defraud him of the fruits. They have 4
severed even after the preliminary injunction very
properly, granted by the District Judge.
Let decree be entered for complainant for a per.
petual injunction, and Master appointed 10 fake.
An account according to the PRAYER Of the bill
H. G. GiIER, Judge.
NorE-The passage referred to bv Judge Grier in
his former decision, Wallace, p. 299 adopted as
app icabie to this case was as follows:
ut is usually the case, when any valuable discov-
cry is made, or any new machine of great mi ty Is
invented that the attention of the public has been
turned to that subject previously, and that msny
persons have BEEN making researches and experi
menis. Philosophers anu mechanicians NAV iav.
III some measure anticipated in their speculations
the possibility or probability Of such discovery o,
invention; many experiments have beeu successful
tiled, coming very near. yet failing short OF the
desired result They have produced nothing bene
6cal. The Invention When perfected NAV truly b,
said to be the eliminating point of many expeii
men 8, not only by the inventor, hut by many 9th
ors. lie may hav. proflted indirectly by the iinsuc
cessful experiments and failures of others, but
gives them no right to claim share OF the honor
the profit Of the successful inventor IL ia WheI
speculation has been reduced to practice, when ex
pertinent has resulted in discovery and when tina
discovery has been perfected by patient ana contin
| ued experiments, when some new compOund, art
| manufacture, or machine has been thus prodncel
which is useful 10 the public that the party making
becomes apublic benefactOr and entitled to patent
sand yet when genius and patient perseverance
have ut length succeeded, in spite of sneers ant
SCOTS, some valuable invention or disco"ery hoy
seldom is IL followed by reward Envy robs hin
of the honor, whiie speculators, swindle g. and ri
rates rob him of the profits. Every unsuccessful
experimenter who did or did or did not come yer
near making discovery now claims it. Every OH
who can invent an Improvement or vary it's form
claims right to pirate the original discovery. W
need not summons Morse, or Blanchard. or woot
worth to prove that this Is the usual history Of ey
ry great discovery or invention.
"The present case aods another chapter to th
long and uniform history."-2 Wallace, G. L. Il
ports p 292.