
    JABEZ H. GILL v. THE UNITED STATES.
    (25 C. Cls. R., 415; 160 U. S. R., 426.)
    
      On the claimant’s Appeal.
    
    This was a suit by Gill to recover of the United States the sum of $94,693.04 upon an implied contract for the use of certain machines covered by letters patent issued to the claimant.
    The court below decided that where an employee of the Government takes advantage of his connection with it to introduce an unpatented device into the public service, giving no intimation at the time that he regards it as property or that he intends to protect it by letters patent, bnt allows the Government to test the invention at its own exclusive cost and risk by constructing machinery and bringing it into practical use before he applies for a patent, the law will not imply a contract; also that a contract will not be implied in favor of an employee who has thus placed a patented device in the public service as to machines constructed and used in the same arsenal after his patent has been obtained.
    From this decree the claimant appealed.
    The decision of the court below is affirmed on the same ground.
    January 6, 1896.
   Mr. Justice Brown

delivered the opinion of the Supreme Court,  