The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-10-31

Il OII- EDOES,
THE ROBERTS
PETROLEUM TORPEDO CO.
Office AT the
RED PLANINC MILL.
Cor or OF Pine and Second Streets.
Near the RaIirOadJ
TITUSVILLE, PA.
Owing to the large and increasing demand for m,
Roberts ToTpedoes, and the late decision of ~
Commissioner Of Patents in refusing to Vim RS
patetit AID the decision of Judge T.. & ,,rier .u,
tanning the Robeu-' patcnt they have LOWEkEh
the price Of their 1orpedo,s
NENTY PER CENT
50 that every Operator can alord ~ try u Torpedo
before abandoning We'll.
The 10 lowing is the decision rendered bv Undo.
GriCr Ou the twenty y-seCono (22l day of s.iiemh,,
is,'' IN the United states Circuit ,Vurt at rnlaqs
pha. The case was aiEucd three DAYS by ,bnrlr.
VI. Keller Ol New York b. Lucas aud y A l.ur
vance of fittsburgh, Tor defendants, and G.,rr.
harding ol Philadelphia, ana George Ii. lhri.ly of
flitsbui "a, Tor paintin.
OPINION OF JUDGE GRIEtr 4 MI
As write with difficulty can only stats the c,,
illusions To which my mind has come after a cnr,,,
examination oil this case.
The com, ilainant has exhibited patent da,.s
18th OF April, lsdo This i prma iacic evidence Of
good title, and puts on the respondents the bur
dtn of proof that the patent il void or WORTHLESS
noed not repeat my remarks IN the case o. Good
year ", Da, q Wall {. Z. Rep; 2.g,y bG, now
adopt them a. aiortng rule oi decision Which AL,
pie- clearly To the = esent cise.
As the infringement of the patent is alni, ,e,
the ON, question will be as to the validity vi com
plainanls patent OF Apri 2l 1855.
-! WIS Mlyr speculation had been reduced ,o
practice and after repeated experiments that Ia,
complainant succeeded IN over cOmit 9 the pr,iudre
and ignorance OF the people on The subje,L and
persuuirg the public tia his i4v,ntion sw 4, us fJ
aft he mad Established it, g.et utilin and y,lu,.
and when his .ehtgr and patent pers eN erifc- m
spite -neer- ,tu scuii~, wcT" tomplrtrly ,ue
oe-slul, that Reed, whu lad before IA de exper-
ment, on he same subject and was unsucc,,stuL
and al er rcha>ing ole ~ more comp planauts Tor
peioes, he appi ON tie 1t of November, IsG;
Tor palettfo substal tally the same combna
uns Of devices and machine cvna in, d in con,pal.
ants patent; On he ljthN tue san,e monlh tie
e-pOndents formed ihe'ns Ives Into atcuslpin, or
cor Grafton called "tLet.eed 1orp sdost cmpanv'
the purpose Of p'iatrg the coz pruiDani in
'ention, and supporting the expeu OF " igsvu-
and thus deisaud hun cftne fruits TheyAsye pe-.
served, even after the ineiniay injui ell n very
properly granted by ii, -i.iric Judge 81
Let degree BE- tncrd for couI laindI for A p.r.
petual injuh ction, and Master, lppoiute 70 tsks
al account ae,oiding 10 the payer ufthe,bil
X {. GklEk, Jugs
NorE.-The passage referred TO bv Judge Grierln
his former d lci. ON, Wallace, p. 800 advp,,d a.
app icabie to this case was us iullow.: -.
III ia usually the case, when any valuable di.ey.
cry Is made or any h.w machine Of great u i,ity +.
nveutec That tue A,teniion uf IN. public hs, been
armed to ihlt sGliirot prev ousiy and that many
persons have he, IA making rescafche- aud exp,r
hlehts fhilospp"er' ant mechanicisns may have
~ some m a-nrr anticipated in their sp,cdlations
,.e os-ihi ity Or probability of su,h di,cov,ry OF
invention; many experiments have beer sl,t,.cssfu.
y iled coming very near. yet falling short OF the
1c'irtI result Ihey have produced nothing benz
hclnI The Invention whe perfected may ,lrly
said to be the eliminating point of maay exper-
meue., not uny byfhe inventor. Dut by many 9th.
Or- tie may nav. proiited indirectly nv the In-uc-
ce-siui experiments and failures at tthers, but Il
gives the h no right TO IN n share of the hCupr Of
tie pro Il of the successful inventor 1t /, when
spe.l arion has been reduced to practice when eI.
pertinent Ia rcsUlied In discovery and when tar
discovery has be- n perfected 10y pateni ana confin-
ued experiments when some new compound art
manufacture, pr machnc has been thu- prOdrs.I
which is usefulto the bile, that the party making.
becomes apubic benciat Tor and urtit I'D 10 paeas
"Anc YET when genlu. and patti, Mt perseyersufs
have ut length succeeded, in spiie of sn, .rs sud
-con', some Vauabie Invention or disco cry, how
seldom IL IL followed by reward Envy rob. hm
Of the honor, While speculators swind q T. and vi.
'dies rob him Of the profits. Every upsu,re-sul
exlerim.nter Who did or did ur dia not come ,,fy
near making u discovery now claims H. Every one
who can invent an impru vemeut or vary its iurr,
claims right to pirate the original discovery We
| need not summons worse or blanchard, or Wood
worth to prove that ti- i the usual history of e,e
ry great discovery or invention.
"The present case ADDS another chapter to tbs
long and UNIFORM hisiory"-2 Waase,l G. y R9
ports p. 292