Multicellular living organisms and unmodified parts thereof and – Plant – seedling – plant seed – or plant part – per se – Higher plant – seedling – plant seed – or plant part
Reexamination Certificate
1999-06-08
2001-09-25
Benzion, Gary (Department: 1638)
Multicellular living organisms and unmodified parts thereof and
Plant, seedling, plant seed, or plant part, per se
Higher plant, seedling, plant seed, or plant part
C800S260000, C800S298000, C435S410000, C435S430000
Reexamination Certificate
active
06294715
ABSTRACT:
FIELD OF THE INVENTION
This invention is in the field of plant breeding. In particular, this invention relates to the development of heat tolerant broccoli (
Brassica oleracea
L. var.
italica
).
BACKGROUND OF THE INVENTION
Broccoli (
Brassica oleracea
L. var.
italica
) has become an increasingly popular crop worldwide especially in health-conscious areas of the western world such as the North America, Europe, and Japan. An average broccoli stalk contains only 30 calories and provides 240% of the recommended daily allowance of vitamin C plus 10% of the recommended daily allowance of vitamin A. In addition to its nutritional value, some recent studies have shown that broccoli aids in the prevention of some forms of cancer.
Broccoli is a cool weather crop. High temperatures (>80° F.) for even relatively short periods of time and warm temperatures (>75° F.) for extended periods of time cause broccoli heads to be rough with uneven flower bud sizes and thus commercially unacceptable. (Björkman, T., et al. (1998) High temperature arrest of inflorescence development in broccoli (
Brassica oleracea
var.
italica
L.). Journal of Experimental Botany 49:101-106. As a result of the high sensitivity to heat during growth, broccoli can only be grown in limited areas under cool weather conditions.
Previous attempts at identifying heat tolerant broccoli cultivars have not been successful because broccoli is sensitive to relatively short periods of heat stress thereby making field observations too variable for effective genetic screening. Björkman, et al. (1998).
Thus, there is a need to develop heat tolerant broccoli varieties that will produce commercially acceptable broccoli heads under warm weather heat stress growth conditions. In addition, there is a need to develop heat tolerant broccoli inbred lines useful for producing heat tolerant F1 seed.
SUMMARY OF THE INVENTION
In order to meet these needs, the present invention is directed to heat tolerant broccoli plants. In particular, this invention is directed to broccoli seed capable of germinating and growing into a plant capable of producing a commercially acceptable head under heat stress growth conditions.
The broccoli seed of this invention are capable of germinating into a plant capable of producing a commercially acceptable head under heat stress growth conditions that render the heads of commercially available broccoli commercially unacceptable.
In addition to being heat tolerant, the broccoli seed of this invention are capable of germinating into a plant that is predominately mildew resistant.
The broccoli seed of this invention will produce a plant with a commercially acceptable head when the plant is exposed to a maximum temperature of 90° F. for at least 5 consecutive days during the growth cycle; when the plants are exposed to a maximum temperature of at least 95° F. for at least one day during the growth cycle; when the plants are exposed to a maximum temperature of 85° F. for at least 15 days during the growth cycle; when the plants are exposed to a maximum temperature of at least 75° for at least 25 days during the growth cycle; when the plants are exposed to a maximum temperature of at least 80° C. for at least 20 days during the growth cycle; and other heat stress growth conditions.
The broccoli seed of this invention include but are not limited to those seeds designated M7028, M7007, M7009, M7022, 393-2-19, H7008, H7022, 393-2-47, 98-2192, 98-2088, 98-2061, H7007, H7028, H7010, and H7021R. The broccoli seeds of this invention include inbred lines, hybrid lines, male lines and female lines, all of which are heat tolerant and capable of producing a commercially acceptable head under heat stress growth conditions.
This invention is further directed to broccoli plants or parts of broccoli plants produced from the broccoli seed of the invention. The invention is further directed to broccoli plants regenerated from tissue culture of the broccoli plants of this invention. The tissue culture of the invention comprises regenerable cells including meristematic tissue, anthers, leaves, ovules, roots, embryos, protoplasts and pollen and plants regenerated from these cells.
The invention is further directed toward transgenic heat tolerant broccoli plants. The transgenic heat tolerant broccoli lines may be resistant to various herbicides or pesticides.
The invention is further directed to broccoli plants having all of the phenotypic characteristics of the plants produced from the heat tolerant broccoli seed of the invention. The invention is further directed to plants resulting from selecting, crossing, breeding or otherwise altering the broccoli plants of this invention.
The invention is further directed to biological material isolated from the plants of this invention. Such material includes but is not limited to RNA, DNA, protein and carbohydrate. The DNA of these plants includes the gene(s) involved in heat tolerance.
This invention is further directed to the seeds and plants produced from crossing other broccoli lines with plants grown from the seed of this invention.
This invention is further directed to methods of breeding heat tolerant broccoli lines.
REFERENCES:
patent: 5731505 (1998-03-01), Sasayama et al.
Robertson, et al., “Regeneration of Green Comet broccoli from mesophyll protoplasts”, Cruciferae Newsletter, vol. No. 9, pp. 39-40, 1984.*
Dufault, R., “Dynamic Relationships Between Field Temperatures and Broccoli Head Quality”, J. Amer. Soc. Hort., Sci. 12 (4):705-710 (1996).
Sullivan, C.Y., et al., “Plant Responses to High Temperatures”, Genetic Diversity in Plants, 28:301-317 (1976).
PCT Search Report, PCT/US99/31230 (Int'l Filing Date: Dec. 29, 1999).
Yang, et al., A Heat-Tolerant Broccoli F1Hybrid, Ching-Long 45, HortScience 33(6):1090-1091 (1998).
Heather, D. W., et al. “Heat Tolerance and Holding Ability in Broccoli”, J. Amer. Soc. Hort. Sci. 117(6); pp. 887-892 (1992).
“Broccoli,” World Wide Web Page: http://www.nysaes.cornell.edu/hor . . . /bjorkman/broccoli/broccoli2.html, p. 1.
McCandless, L., Breakthrough DNA Device for Plant Breeders Developed at Cornell's Geneva Experiment Station, pp. 1-2, Cornell University, World Wide Web Page: http://www.news.cornell.edu/releases/Nov98/MatrixMill.lm.html.
Bjorkman, Thomas et al., “High temperature arrest of inflorescence development in broccoli (Brassica oleraceavar. italica L.),” Journal of Experimental Botany, vol. 49, No. 318, pp. 101-106, (1998) (previously cited only the abstract-disclosed herewith in its entirety).
“Broccoli,” World Wide Web Page: http://aggie-horticulture.tamu.edu/plantanswers/vegetables/broccoli.html, pp. 1-3.
Wing, Lucy, “Country Living: Lucy's Country Garden: Cultivating Broccoli,”, World Wide Web Page: wysiwyg://217/http://homearts.com/cl/garden/03brogfl.htm, p. 1.
Bjorkman, Thomas et al., “The heat-sensitive stage of broccoli flower development,” World Wide Web Page: http//www.nysaes.cornell.edu/hort/faculty/bjorkman/broccoli/broccoli.html, pp. 1-5.
Bjorkman, Thomas et al., “High temperature arrest of inflorescence development in broccoli (Brassica oleraceavar. italica L.),” World Wide Web Page: http://www.nysaes.cornell.edu/hort/faculty/bjorkman/other/abstracts/brocht.html, p. 1.
LeStrange, Michelle et al., “Broccoli Production in California,” University of California, Division of Agriculture and Natural Resources, Publication 7211, pp. 1-3, 1996.
Barham Robert
Joynt David
Benzion Gary
Kimball Melissa L.
Morrison & Foerster / LLP
R&D AG Inc.
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