The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-01-26
soBERTs PETROLEUM ToRprno

THE ROBERTS
PETROLEUM TuRpEDu CO.
Office nj the
RED PLANNING MILL
Cor er u Pine and second Street.
Near the IfaiiroadD
TITUsVILLE, Pa.
Owing TO the large and increasing demand n,n.
R0berts' Torped e.i and the late decisi,n ~ wv wv
a patent and the decision Of judge Il. z l,er ana.
talning the ltobcrts patent they lave LOWEEsn
tho price Of their Torpedoes
TWENTY PER CENT.
70 that every Operator can afford " Try a Tons.
before abandoning Well. F"'
1be following "a the decision rendered nv 1ra,,
Grier on tue t~cnty-secpnd ls2l cay OF Stisnhts,'
1869 In the United states Circuit Couri AZ plIss.
phia. The case was argued three days by Ihsrls,
NJ Keller OF New York, b. d. Lucas and K. Irs
viancs Of Pittsburgh, Tor deieadsn,s and Gear.
Harding Of PLtlaGeiphla, and George Il. Lbd,,ys =
Pittsburgh, for p!smtih.
OPINION oFJUDGEiGRIER fyr y
As l write with difficulty can ouly state tie m,
clusions to which my mind has come after estetp
examination OF this case.
The com .lainant has exhibited patent daes
25th Oi April 1865. THIS l. pI ma faCir evidence m
a good title aud put, on the respondents the bur
den Of proof that the pate,t is VOID or worthless
| need not repeat my emulks lnthe case Of t,UOi.
| year vs.. Day IL Wal, Z. G. kep ..9j but now
adopt them as aiiordng rule ol decision ieh a..
| plies clearly 10 tne present ise
As the infringement OF the patent Is admitted
the onl, quest on will be as to the validity OF com
| plainanls patent VI Api 5,ls5S.
ii WAS after speculuu Ii had been reduced 10
practice. and ai-,r repeated expermt uts hat tn
complainant rue reced IN over c0m tlepi,iudiet
| ano iguo ance ne peHr on ihe sublttL and
| persua ing tn pU.nc = ..- lAyenti1n was III fu
aft-r ne mad establshel L g.ettuiity AMI vain,
ana when his genius and p tent pe ssyerire-,ir
| spite O sneers M scOit.,' were completely ,m
cessirl, that Reed, who hsd before msde ex,er.
ments on The same slhiec, an6 was un-ucc, tsu
and after ourola Lg ,ne ,r r. comp plainauis to.
pedoes, ho apl. i'd on reI- Of November 1871
Tor lA'ert for subst.. ally tire -alne combils.
| uus Oi devices sud macIii- con u nod IN complain,
ant. pst.nt, On the lot t4o same monh lie
re-pOndsits formed then-- YES injo com pau, ..
cor orat on ca led " n D -. d edo tomIarN
fr the IuI 90 : 'G- he compf!nalis sl
| venLon, -, IL lUIul .-. sApcnsee OF litlgitUL.
and mus ds.Iaud nun o. ,ar L IS They have pei
seiyed. even afcr t1e PIE ma injuue,l.n yeiy
progeny grantee " .l i nc judge;
l.et oegiec " yg...'d 70 coull nn for per
| petual injun ctiUu;Nhnd Master, rplnle to take
an account ac,oiaingy TO lne p2ye ithebll.
X. Z, G!uEN Jndgs
NorE.-The passage referred to BY Judge Grier IN
, his former decision, Wallace, p. 299 adopted ls
app icatie to this case wa, as follows
alt Ia usually the case, when any valuable diHVy'
cry l. made, or any new machine ui great uliiy Is
| z
turned to that subject previously, and uat nal I!
persons have been making researches and exPr'
mens. Phllosoph.rs ana n.eehaiciMs M! he
~ some NJ, asure anticipated in lher sp GU aiOl'
the possibility or probability Of sGeh GiscNG! q
invention; many experiments ave beer sllctt;si-'
liz tiled, comm. yeIy near. yet l1iing short u ~
desired result They have produced nohinG utl.'
| fcai The invention whel perfected may dE! &
| said to be the eliminating point OF MANY eAlG'
men :, not ony by the inventor. hui by many Hs
ors. lie may hay, prolited indIee'ly by lLe 4'sH
| cessful experiments and failures Oi olhti'' nu T.
gives them no right to ca m share o. Inc hvho !"
the profit OF the successful inventor IL Is "l,-
speculation has been reduced to practice wNeh A'
perimo nj ha- resulted in discovery and when uN
| discovery has been perfected by patient and eehl.
ued experiments, when some new conloahl AZ,
| manufacture. or machine has been ibus pItluetI
which il useful to the public that the party naht
becomes apublic ben,factOr and entitledto lsltp.
sand vet when geBiu. and patti nt pene'''as;.
have ut length succ, eded in spite 0l ''tI' ,., '-s
scoffs some valuabl, invention or CISCO eii, wv t
seldom is IL followed by reward Envy ioO' n,n y,
Of the honor, whine speculsiors swlnoIes ~
rates rob him of the profits. Every uptuVss- ~,
exrrimpnier who did or did or did not eone w., y,
near making discovery now claims II. E,es w, W.
who can invent an improvement or var! ~ ~" M
claims n right to iraie the ORIGINAL ol'eNa!uv
II need not -umuons orse. or Blanchaid u ~. ~.
>, worth 10 nrnye that his Is the usual History e
Il | nv great discovery ur Invention. 20 ~,
~ '"rhe present case aods another ehsp'eT, " " n
70 long nnd uniform history % aiiace'' Y ~
ports p.