
    MARY JANE McALEER v. THE UNITED STATES.
    [25 C. Cls. R., 238; 150 U. S. R., 424.]
    
      On the elaimanfs Appeal.
    
    A machinist, employed as a skilled mechanic in the Bureau of Engraving and Printing, during working hours makes and perfects an invention connected with the machinery under his charge; he uses Government property of trifling value in making his device and tools and machinery in its procuration. The Government pays the expense of taking out a patent, which he assigns to it for a nominal consideration, though with an understanding that the free use of the invention shall last only while he is an employee of the Bureau. He is discharged, and now brings suit for royalty.
    The court below decides:
    It may not be the duty of an employee of the Government to invent; but where it is his duty to secure the most efficient service of machines under his charge, and he devises an improvement and perfects the invention during working hours with Government material and appliances, and the Government pays for taking out the patent, the jase falls within the rule in ' Solomon’s Case (22 C. Cls. R., 342). No action can bemaintained for royalty, and no contract can be implied.
    The decisiou of the court below is affirmed on the same grounds.
   Mr. Chief Justice Fuller

delivered the opinion of the Supreme Court, December 4,1893.  