The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-01-31
OH Rqs PETROLEUM ToRppn

OBJ R1s PETROLEUM ToRPEDoo
TORP.LDOES.
THE ROBERTs
PETROLEUM 9oRrEDu CO,
Office at the
RED PLANING MILL
Cor Or OF Pine and seeond S,rss,a
;Ncar the Ratiroad,
TITUsVILLE, PA.
Owing TO the large and increasing demand for IN.
ROberts' TOrpedres. and the late decision of n.
Commissioner Of Patents In refusing to Vim. k,sS
patent AID the de,'isi"n Of Judge T. G t;iief srs
taii,ing the Roberts patent they lave LOWkKSn
the price Of their Torpedots
TWENTY PER CENT.
% that every Operator can stfogu " try rorns.,
before abandoning Well. Fe''
The following is the decision rendered bv jua,.
rier on the twenty -seconu (22) day Of ssptsnbs,
1859, in the United States Circuit Court al Shads'
phis. The case was argued lhree days b, yhare,
N. Keller Of New YORK, y y. Lucas and 5. A. Pur
Harding OF PhAauelphla, and George II. Ihrisy. .
Pittsburgh, for planutf.
q OPINION oF:JUDGE;GRIERtU !,
As write with difficulty can only state the Co,
clusions TO which my mind has come after a carefs
examination OF this case.
The complainant has exhibited a patent dated
25th Of April 1865. This is prIma facie evidence
good title, and puts on the respondents the bur
den Of proof that the patent is void or worthless
neeu not repeat my remarks in the case Of CiUOi
year vs.. Day q Wall, C. c. Rep 49, bat now
adopt them "a aiiording rule o decision which 3d.
plies clearly to the pi esent case.
As the infringement Of the patent is admitted
the oul, question will be rs to the validity OF com
plainanls patent OF April p, 1855.
Il was after speculation had been reduced 10
practice and afl,t repeated experiments that tn
complainant, succeeded in over comilg the pryudctI
and ign0i ance Of the people Oh the SUBJECT, and
pers uading the public tha his Invention was usfa
aft he had established its great utility auu vain,
and when his genius and p tient perseverance, il
epite rneers III scoif>,' were rompl'tey suc
&C siul, that X ed, who had before III d. experr
ments OIL he samc subject and was ullsucc tsiul
and alter burcha' Ing one ur more Complainant ; G
peuUes, he apple on tie lsi of November, ls6,
| for q patei for substantially the same combs
ons Of devices and Inachiue aimed in complain
ants paten,; On he 10Th If the sau.e mOnIh Ihe
| respondents formed ihe;nss ives into cunpan' %
cur Grafton called :" h. ietd lori edu 1, mlar',
{ the purpose If iatlng the con pii inanl $ in
venlion, and supporting the expe see OF lit gatiUu,
and thus defraud him OF the fiuts. They have yer
ss vsd sysn AFR ~, the pte'%1a, 11n ini.ns'i "'
Let degree be entered f. conf lan4n for a PEI
petual injun ciioI; and Master, apptnle 10 ,aks
ali account ~, Viding 10 the payer of fthebll
X. q. GklEk, Jn0gs
NorE-The passage referred to bv Judge 6ner IL
his foImer d, cisun 3 " alince, p w adopted "
1 Ann iCsthle to this W;l- follows.
"It L. Usually the Case, when'any valuable dscovt
cry IL made, or any hew niaciue oi great ulh! N
| invented, that theatenton of the public has oel
| turned to that subject prev ousl,, and that maly
| per.ons have been making researches and expert
nents Philosophers anu mschaniciaiis n'a! hsNe
IN some m, ssure anticipated In their spyeuIauol'
sle possibii ity or probability Of sneh discover! y!
invention; many experi anents Lave bei succtsslar
Iy uied coming very neal. yet falling short d Tue
desired result They have produced nolhne pentI
fclai The invention whe' perfected may lu!
said to be the eliminating point OF mail' eAfu
men :, not only by the inventor. bu! by mala Wv
ore. lie may hav, proiited indirectly by the unsac
cessful experiments and failures OF DINERS w. Y
gives them right to cIa m share oil 'he nenu, s
The profit of the successful inventor IL Is Nusl
spet ulaiiOn has been reduced tO practice, wnenss
pertinent ha, resulted In discovery and when ,aa'
discovery has been perfected by patient anu sgn'+ .
ued experiments, when sUme new componnus;, s,.a, "a,
manufacture, Or machine has been 'hVt ply,uu';,
which Is useful to the public, that the part!
becomes apubic benefaCtOr and entitledto Pas,n
sand yet when genius and patient peise,s'"s.r p,. an
have at length succeeded, in spite OF sn,eI' ta,N
SCOTS. some valuable invention or CISCO eli, b;ry
seldom is il followed by reward Envy IoUs ca "i ni
of the honor, hiIe specaatOrs, swndels s.S
rates rob him of the profits Every unsuosI owe yrrI
exuerim, ,ntsr who did or did or did not CONE @,
near making a discovery now claimsit E.e'y ,m yru
who can invent an Improvement or vary rs "'E W.
claims right to Iirale the original oiss'n!v Wood
need not summons orse, or Blanchard, W " s,s
worth 10 prove that this Is the usual history CIV
nv great discovery or invention. .,, ~ ,hs
"The present case aods another cnap'e, y y Rs
long and uniform history % Wallace. v
ports p. ~