
    GEO. E. KIRK v. THE UNITED STATES.
    (28 C. Cls. R., 41; 163 U. S. R., 49.)
    
      On the claimant’s Appeal.
    
    A contractor agrees to manufacture street letter boxes “with such alterations and improvements" as may be suggested by tbe Postmaster-General. Alterations and improvements are suggested from time to time and incorporated in tbe boxes manufactured. During tbe life of tbis contract tbe contractor files a caveat in tbe Patent Office in which be claims to be tbe inventor of tbe improved box which be is manufacturing, and subsequently obtains a patent. Tbe Postmaster-General denies that be is tbe inventor, and notifies tbe Patent Office accordingly.
    The court below decides—
    1. A patentee can not maintain an action against tbe Government for tbe use of bis invention unless be can establish some privity between himself and tbe defendants from which a court, as a matter of law can imply a contract.
    2. Where a street letter box is used by tbe Post-Office Department avowedly as being a thing of its own device, and with no acknowledgment, tacit or expressed, that a patentee is the inventor thereof, and, on the contrary, with a denial of bis claim to be tbe inventor, no contract can be implied, and tbe court can not entertain jurisdiction.
    The opinion of the court below- is affirmed on the same grounds.
    May 4, 1896.
   Mr. .Justice Brown

deliverd the opinion of the Supreme Court,  