The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-31

|.IORP JLDOES.
THE RWBERTs
i PETROLEUM TORPEDO co.
Office at the
ikaD PLANING MILL,
Corner OF Pine and second streets,
Wear tho lSatirOadO
TITUsV1LLE, PA. :
Owing to the large and increasing demand for the
Roberts TOrpedoes, and the late decision OF the
Commissioner Of Patents ia reru sing to VIM Reed
patent. and the decision Of Judge II. e. Guer sus.
tanning the Roberts patent they have LOWkRED
the price Of their Torpedots
.TwENrY:PER CENT.
40 that every Operator can afford to try q rorpcdo
before sbandopinga Well.
The following is the decision rendered by JUDGE
Grier on the twenty second (22) day OF September
lSy in the United States Circuit Cnurt AZ PHI iadal
NJ. Keller Of New York. b. r. Lucas and s A. Pnr
viance OF Pittsburgh, for defendants, and George
iiardnc OF Philadelphia, and George L. Chrisiy, VI
Pittsburgh, for plaintiG.
OflNlON OF JUDGE GRIER.
As write with difficulty can only state the co,
clnsions to which my mind has come after esre;,
examination OF this case.
The com ,lainlnt has exhibited . patent dated
18th Of April lS65 This IL prima facir evidence OF
den of proof that the patent is void or worthless.
need not repeat my remarks in the case of Good.
year ": Das t2 Wall, C. G. Rep; lyg.) but now
adopt them as aiiording rule oi decision which ap.
plies clearly to tue present case.
AZ the infringement Of the patent 10 admit ted,
the only question will be to the validity of com,
plainsn's patent of April Is, 1858.
ut ws after speculation had been reduced IN
practice" and after repeated experiments. thar tbs
complainant succeeded in overcoming he Ureindice
and ignorance OF the people on the subject, and
psrsuaoiig tne pubic that his invention was useni!;
after ne mad established its great utility and value
aud when his gen'u. ard patient perseverance, in
spite OF sncers and scOif-," were compl,tev s,c
ces.ful, that Reed, who had before made expert.
nienis un the slne subject, and was unsrccessinl.
imagined that he had the hest right to the invention
ard after purchasing one or more complainant ,ur
ped0es he aDDlied on the lst Of November, 1857,
for patent for substantially tho same cOml,ina
uUns OF devices and achire ntained in cnn,nio;m
ants patent On the 18th of the same month the
respondents formed themselves into u company on
corporation ~ called The Reed Torpedo Coinpnny,"
TOR the purpose Of pirating the c0mplaipani,s in
veiltlon, AND supporting the expense of litipntion
ard thus de.rand him of the fruits They have Der
severed, even atcr the preliminary injunction very
properly granted by the District judge ~
Let decree be entered for complainant for n NOR
petnai Injunction. aid n Master appointed TO take
~ account according to the PRAYER of the bill
R. G. GRIER, Judge.
,NorE.-Thc passage referred to by Judge Crier In
hts former dec,s son, Wailace, D. 800 sopted .s
Spp.lcAOie tO this case was rs follows:
1T II tsusIly the case, when any valuable di .coy
cry ID made, or any new machine Of great nj nv ia
invented, that the attention of the public In. bern
Turned 70 that subject previously, and that many
persons have he n making resea! chcs and exnrri
menb. PhilOsnpncrs ana mechanicisns NAV nav.
m some measure anticipated in their sp citations
Tue possoitS OF pronaoillty Of such discovery or
desired result. They have produced no,hnc ln..'
neal Iht Invention wheI perfected NAV truly he
SAID to be the eliminating point OF many experi.
men 3, not ony by the inventor. hut by many 9TH.
ors. tie may hav. proited indirectly by the i,ns,c.
ceasfu experiments and failures of u,her. bnt h,
gives Them no right to share of the he nor of
tie profit OF the successful inventor IL IA when
specn'anon has been reduced to practice, when ex.
pertinent has resulted In discovery and when that
discovery has been perfected by patient ana contin
ued experiments when some he,y communal mr.,
nanul.ctu.e az machine has been iLn. nr,,duced
winch Is useul to nepublic that the marty alin,, n
oefomss apuoic benefnctor and entitled Ia pa, ent.
"And yet when genius and pail, mt perseverance
have ut length succeeded, in spite of sI..rs and
sc0ns, sumc valuable Invention or disco. ,erv how
seldom Is II followed by reward Envy robs him
Of the honor, "hile speculators, swndeis, and nj.
rates rob him of the profits. Every unsuccessfinI
experinrnler VINO did or did or did not come yorv
near making = discovery now claims it. Every ona
VINO can invent an Improvement or vary its form
claims right 10 pirate the original discovery We
ntsd not summons Norse, or Blanchard. Or Wood.
worth TO prove tnat this IA the usual history of cy
~ great discovery or invention.
"Ihe present case adds another chapter to this
long and uniform history.'-2 Wallace, c. G. Re.
ports p. Sv2.