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
2000-07-26
2003-11-11
McElwain, Elizabeth F. (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
Reexamination Certificate
active
06646186
ABSTRACT:
BACKGROUND OF THE INVENTION
The present invention relates to a soybean (
Glycine max.
) seed, a soybean plant, a soybean variety, a soybean hybrid and methods for producing hybrid soybean seed and plants.
Soybeans (i.e., seeds of
Glycine max
plants) are recognized to be an important crop in many parts of the world. For instance, approximately 65 to 75 million acres of soybeans are planted annually in the United States. Various approaches to the production of hybrid soybeans are disclosed in the U.S. Pat. Nos. 3,903,645; 4,077,157; 4,545,146; 4,658,084; 4,648,204 and 4,763,441 which are herein incorporated by reference. Also, technical articles which discuss the existence of some degree of sterility in soybeans and the formation of hybrid soybean seeds are identified in U.S. Pat. No. 4,545,146.
For many crop species, it is well known that when different plant lines are cross-pollinated one can achieve in the offspring a highly desirable heterosis or hybrid vigor which advantageously provides increased yields of the desired crop.
Male sterility is a condition in plants in which male gametophytic function is prevented, but the potential for female reproduction remains. Based on inheritance patterns, there are two general types of male sterility: 1) genic or nuclear male sterility (gms) and 2) cytoplasmic male sterility (cms). Male-sterile mutations provide source material for studies in plant breeding, genetics, reproductive biology, and molecular biology.
Male sterility has been used in soybean breeding studies (Brim, C. A. et al.,
Application of genetic male sterility to recurrent selection schemes in soybeans,
Crop Sci 13:528-530, 1973; Lewers, K. S., et al.,
Hybrid soybean seed production: comparison of three methods,
Crop Sci 36:1560-1567, 1996), but so far male sterility has not been used for commercial production of a hybrid seed because large quantities of hybrid soybean seed cannot be produced at the present time. During the past two decades, six genic male sterile mutations (ms1, ms2, ms3, ms4, ms5 and ms6) have been reported in soybean (Palmer, R. G., et al.,
Male sterility in soybean and maize: developmental comparisons,
Nucleus (Calcutta) 35:1-18, 1992). All of these are nuclear mutations inherited as monogenic recessive traits. Cytoplasmic male sterility has not been confirmed in soybean.
Genic male-sterile mutants have been proposed for many crop species breeding programs (Horner, H. T., et al.,
Mechanisms of genic male sterility,
Crop Sci 35:1527-1535, 1995). Controlled production of hybrid seed is necessary for breeding programs and genetic studies. The most feasible methods should utilize close genetic linkage between a male-sterility locus and a seedling marker locus. In soybean, use of the close genetic linkage (Skorupska, H., et al.,
Genetics and cytology of the ms
6
male-sterile soybean,
J Hered. 80:403-410, 1989) between a male-sterility locus and a seedling marker locus (W1) is known as the co-segregation method to produce F
1
seeds (Lewers, K. S., et al. supra). The identification of additional soybean genic male steriles linked to a seedling marker locus would reduce the genetic vulnerability of soybean production of a single genic male sterile.
G. Marrewijk,
Cytoplasmic male sterility in petunia l. Restoration of fertility with special reference to the influence of environment,
Euphytica 18:1-20 (1969), reported that the phenotypic effect of partial male-sterility systems was subject to environmental modifications. Temperature has more influence than any other environmental factor: however, water stress, photoperiod, nutrients supplied, and hormone applications also influence male sterile phenotypes (Heslop-Harrison, J.,
The experimental modification of sex expression in flowering plants,
Biol Rev 32:38-90, 1957; Edwardson, J. R.,
Cytoplasmic male sterility,
Bot Rev 36:341-420, 1970). In soybean, the msp mutant is affected by temperature (Stelly, D. M., et al.,
A partially male-sterile mutant line of soybeans Glycine max (L.) Merr.: characterization of msp phenotype variation,
Euphytica 29:539-546, 1980; and Carlson, D. R., et al.,
Effect of temperature on the expression of male sterility in partially male-sterile soybean,
Crop Sci 25:646-648, 1985).
The male-sterile soybean mutants ms2 and ms3 result in a degeneration of tetrads because release of microspores from their encasing callose walls is prevented, a phenomenon also described in other, non-legume, species. For example, the failure of callose to break down at the proper time in cms petunia anthers resulted in sterility (Frankel, R. et al.,
Timing of callase activity and cytoplasmic male sterility in petunia,
Biochem Genet 3:451-455, 1969). The retention of callose seemingly blocks developmental metabolic processes (physical constraints are imposed by the callose wall) and intercellular communication between male cells and locular fluids and between male cells and surrounding tissues.
Examples of widely used herbicides are chlorimuron and thifensulfuron, which belong to the sulfonylurea class. They inhibit the plant enzyme acetolactate synthase (also called ALS), and soybeans which are resistant to these herbicides are referred to as STS (also called sulfonylurea tolerant) soybeans. These herbicides are the active ingredients in Classic™ and Pinnacle™, respectively, and are registered for control of broadleaf weeds in soybeans in Weed Science Society of America, Herbicide Handbook, 7th edition (1994). While chlorimuron and thifensulfuron are registered for use in non-STS soybeans, they can cause significant crop injury, especially if applied post-emergence in Fielding and Stoller, Weed Technol. 4:264-271 (1990); Fielding and Stoller, Weed Sci. 38:172-178 (1990); Newsom and Shaw, Weed Sci. 42:608-613 (1994); and Ahrens, Weed Technol. 4:524-528 (1990). Factors which influence the extent of herbicide injury are physiological stresses from poor seed quality, delayed emergence in cold and wet soils, seedling diseases, etc.; soil pH and climatic conditions (i.e. temperature and humidity) when applications are made; and injury from prior applications of chemicals (e.g. insecticides and other herbicides).
Glyphosate, which belongs to a different class of herbicide and is the active ingredient in both Roundup™ and Roundup Ultra™, complements activity of the other herbicides (e.g. 2,4-D and dicamba). In some cases, glyphosate interacts synergistically with these other herbicides when they are applied in combination, as shown in Moshier, Weed Sci. 28:722-724 (1980) and Flint and Barrett, Weed Sci. 37:12-18 (1989). Tank mixing Classic™ at 0.5 oz/A or Pinnacle™ at 0.125 oz/A with Roundup™ at 16 fl oz/A increases control of broadleaf weeds but, in the case of Pinnacle™, injury of Roundup Ready™ soybean is greater with the combination than with Roundup™ alone as discussed in Lich and Renner, Proc. NCWSS 50:124 (1995). Combination of Roundup Ultra™ with Synchrony™ (premix of chlorimuron plus thifensulfuron at elevated rates) effectively controls a broad spectrum of weeds.
For a number of technical and practical reasons, resistance to herbicides in agronomically important crops was among the first traits to which recombinant DNA technology and novel genetic approaches were applied. The advent of Roundup Ready™ (RR) Soybeans which have a level of resistance to glyphosate, and Liberty Link™ (LL) Soybeans which have a level of resistance to the herbicide glufosinate has provided new opportunities in agriculture. This technology has allowed developers of soybean varieties to build herbicide selectivity and true crop safety mechanisms into soybean. This approach thus has expanded the utility of proven, previously non-selective, broad spectrum herbicides. These herbicide resistant crops enable improved weed control and greater flexibility in herbicide application, resulting in better production systems. New herbicide resistance traits can be developed as components of new weed control systems featuring herbicides with the beneficial environmental characteristics needed to meet current and futu
Eby William H.
Stine Harry H.
Jondle & Associates PC
McElwain Elizabeth F.
Stine Seed Farm Inc.
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