The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-02
soBERTs PETROLEUM. Topp,Ss

7oBERTS PETROLEUM TORppno
TORP EDOES
THE ROBERTS
PETROLEUM TORPEDO CO
Office ut the
RED PLANNING Nil,
Cor or OF Pine and Second Sttes,.
;Near the Railroad,
T1Tusv1LLE, Pa.
n, ewing 70 the large and increasing demand IN. N.
Roberts Torpedoes and the late decis"n" ~ ~ NE
Commissioner Of Patents In refusing IN w. VI Ioe
patent AID the decision OF Judge H. q G,,.ed , h.ed
taining the Roberts patent they lave LOW stSa NJ
the price Of their Torpedoes hAhp
TaENTf PER CENT.
20 that every Operator can afford " try 4 so,..-
befors abandoning Well '"peco
The following IL the decision rendered n, =,
Grier on the twenty-seoonG (22) day of ss,,.s sdos
l60s, IN the United States Circuit Court AZ pMisS.
pliia. The case was argued three days h, tLs ayer
NJ. Keller Of New York, b. Y. Lucas and ( He' ~.
vance Of Pittsburgh, for defendants, and G.,s,. W
Harding OF Phiadeiphla, and George L. Cbr.y
Pittsburgh, for plaintiff. ""
-. 2 oPINloNioF:JuDGE.GRIER;ev
A, write with difficulty can only stat. tn. NJ.
clusions 10 which my mind has come after cs,ssr
examination of this case. ''u,
The ompainant has exhibited a patcnt d.,.i
25th Of April, 1865 This Is prima facir eydeucs 0'
good title, aud puts ON the respondents the bu,
den Of proof that the patent is void or worthless
need not repeat my remarks In the case Of Good
year W: DAY u Wall, Z. &. Rep 2y9,) but now
adopt them as aifording rule oi decision hch AZ.
pics clearly to the present case.
A. the infringement OF the patent 10 admitted,
the only question will be as to the validity OF con
plainAnis patent OF April IS. 1858.
Il was aiIer speculate a had been reduced tn
practice. and aft,r repeated experiments ih., tn
complainant succeeded in over coming the prelude,
and ignorance OF the people OH the suble,t sul
rersuaiing the public tina his invention was u.s.
aft he had established its great utility aud ysu.
and when his genius and patient perseyr4nce in
spite sneers NJ scon-, were completely .ue
&C, siul, that Reed, who had before nude eyper.
nents ON The same subject and was unsucc,t.vl
and after burChasiiig one or more cOmpainau,s uf
peioes, he appii'd on tic lsi of November, Isi,,
tor patei for substantially the ZANE Coubjls.
ons OF devices aud machine con aimed n complain
ants patent; On he 18th u the same monlh tie
re-pOndents formed them>e Ives into cOu.pa!, "
cor. Grafton called ''lhe iced Tor, edo COMPANY
T. e the purpose Of piatng the con n'plainanl ii
venti0n, aud Supporting the eXpensee OF tgstiol.
and thus defraud him OF the fruits. They have PEI.
served, even after the prel.msyy injunction yery
properly granted by tie district judge:
Let degree be enler,d for CONF lainli foy q pet
rttual injun ctiOp; and Master appoute ~ take
Al account ac,Oi0ingly 10 The payer Of the bill.
L. Z. GluEk Judge
Notes.-The paesagc referred to bv Judge Grer IL
his former decision, Wallace, p. 2eg adopted u
app icabie TO this ease was as follows:
"it Is usually the case, when any valuable dissov
cry Is vIads, or ANY Lew machine OF great uiiiy u
invented, that tneateEtion of the public has betI
turned to that subject previously, and that mai!
persons have been making researches and expert
ulents. philosophers AMI mechaDicians may la'e
III some measure anticipated in their specu auor
.Be possibility or probability OF such discovery OF
Invention; many experiments Lave beei tuccfssu'
,y tiied, coming Very pcar yet failing short Ol Tue
desired result. They have produced roi!ng ter'
hciai. The Invention whet perfected may uuy'
SAid TO be the eliminating point OF MANY exld'
men :, not only by the invehtor. hut by many On
ors. lie may have proiied Indirectly by the uns-e'
cessful experiments and failures Of Others. oui !;
gives them no right TO ca M share ol the nenW
the profit OF the successful inventor II Is Vp0
spec has been reduced TO practice wien e.
pertinent has resulted in discovery and When uf'
discovery has be,n perfected 10y patient anc cen'il
uesl experiments, when some new c,np0npd al.
mlnuiactnr~, or machine has been ihns pnduets
which 10 useful to the p bic that the party naSneh
becomes apubic beiitfactOr and entitledt" ialeu'
land YET wiru genius and patti nt l2rse'eialei,
have VI length succeeded, in spite OF si'ti- sua
-coffs. some valuable invention or discoeFy, pGS W.,
seldom Is IL followed by reward. Envy ioo' u.'A ~
Of the honor, ~hiiQ speculators, swiIdes' ana r.,
rates rob him of the profits Every unsucce.ss H,u
expesimcn inter- who did or did or did not come % WI!
near making n discovery now claims 1t. Nas @ uu'
who can invent AL Improvement or vary Ns ~1.. w.
need NOT summons Morse or blanchard, or Weoa
worth to prove that this is the usual history 0i es
ry gr,a, discovery or invention ~,
1,Ihe present case aGds another chapter % '.'
long and uniform history: ~ailacs,s T. "
ports p. ~