The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-04
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EDOES.
THE ROBERTS
PETROLEUM TORPEDO Co.
Office ~ lkS
RED PLANING Mill
Cor Or os PsAs and seeonA st,s.,.
2 ;Neav eiAe RaiIread,l
TITUSVILLE, PA.


Commissioner Of Patents in refusing TO Nm p,"S
patent, and the d,'csi m of Judge +. 4 Iripr ,r.
tnining the toberts' patent they have lOWkKfn,
the price Of their Torpedoss
TAENTY PER CENT.
40 that every Operator can sloru ~ Try a Toro,o
before abandoning Well.
The fo,owing is the decision rendered bv Jpa,.
Gricr ou the tweit! .sccong ts2) day OF seitenb.r
1863, III the United states Circuit Court al puIarsh
phiA. The case was argued three days bv nsri.,
u. Keller Of New York, b. I. Lucas and l. A TSr'
Vance Of Pittsburgh, for defendants, and Lso,".
Harding OF Pniladelphia, and George IL. Ihri,iy
Pittsburgh, for piauuii.
OPINION OF JUDGE GRIEg' .
A write with difficulty can only stat, ,hs ~,
illusions to which my mind has come a( er a ep,S.
examination OF this Ease.
The com claimant has exhibited a patent ds,.d
18th Of April 1850. This is prlina iaci, eydonc.
good title, aud puts on the Respondents the hr,
den Of proof that the patent is void OF worthless.
need not repeat my remarks In the case of Good
year vs; Da! q Wall, Z. Z. Rep; 2..y,) but now
adopt them IA ailurdiag rule oi decision which An
pics clearly TO the p esept case.
As the infringement OF the patent Ia admitted
the oni. question will be rs to the validity OF COM
plainanIs patcnt OF April 2j,ls5s,
Il was after speculation had been r.duced,o
practice and afltr repeated experiments ih., IN.
complainant succeeded IN over cuniii tie prriudc,
and isnoiaucc of tie people ca tn, subjutt and
rersu,uing thr public that his invention iyas us ia
alt Ire mad established its great uliV and ynlus
ana when his genius and p tient perseverance, in
spite o >heers 'nu scOii-, We're completely ,uo
ce siul, that Reed, who had before III DE- elper
nients on he same subject. aud was unsncc ,trL
and after 6urchasin. one or more complainant ,,,r
pcIoes, he appIi' Oh tie lsi of NoIelber, isj;,
tor paiei for substantially the same coulbta.
ons Of devices and machine con aimed in complain,
ants patent; On 'he 10Th of!he same mon h the
respondent. formed the n.e We. into . coupan, ur
cor ,-oraton cail,d 'Ih" heed 4 orr edo Uoippan,'
the purpose If p iating the uou piuinuii . in
vcntion, and supporting the expehsee o litigation.
and thus deinud HIM of the fruits. They have p.r.
SCI we'd. even after the prcl.mA.y iljaucti. Vely
properly granted by Il. -trict Judge:
Lct degree be entered for conn ainai t for per.
pctual injun ctiun; and Master, Hppinc to iaie
AL account sr.ei ding 10 tn. payer Of e.bLAA
X. Z. GiuEk, Juu:s
NorE The passage referred to by Judge Grer ia
his former decision, 3 Wallace, p. 2gg adopted ~
app ic,bie to this case was as follows;
at Is usually the case when any valuable di.evv.
cry ls made, or any new machine of great utii,y is
invented, that thea atention of the publc ha. been
turned to that subject previously, and iha, many
persons have been making researches and eylsri.
nlehts PHILOSOPHERS ana mechnicians may have
~ some M Rsure anticipated in their sptcualiOus
ale possibility Or probability OF such discovery or
invention; many experiments have been successful.
ly 'ied coming yely near yet ia ling short Vi the
desired result, They have produced nothing benz
said to be the eliminating point OF many eIpn'
men =, not oniy by the inventor. hut by many o,h.
or- de may hay, prOiited indirectly bv the npsuc'
CO --iu experiments and failures of Others, but il
gives them no right to clam share oil the htnoroi
tne profit OF the successful inventor II 10 vhen
spctuation las been reduced 20 practice when el'
pertinent ha- resulted in discovery and when that
discovery has been perfected by patient ana con,.
ued experiments, when some now compound, art
or machine ha. been thu. produced
which 10 useful to thcpubc, that the pnriy maEnsi
becomes apublic beneiactOr and enttl-Gto patent
sand yet when genius and patti, Mt pcr,e'sIanc:
have at length succeeded, in spite Of -n,ers and
SCOTS, some valuable invention or disco'ery, bow
seldom Ia Il followed by reward Envy roh- him
of the honor. ~ hiie specuaiors, swindles, and p,
rates rub him Of the proht- Every unsuccs'slni
sxlertmen,sr who did or did or did not come Wy
near making tiscovery now claims It, tvcryon'
who can invent All improvement or vary It's form,
claims right Ia pirate the original discovery w
need not sun,mons " orse, or Blanchard or Woou
worth to prove that this il the usual history OF eve
~ great discovery or invention. al,
"The present case x0ds another chapter to ths
long and uniform history.'-2 Wallacs,s Z. Z Ks
ports p. 292