Claim 1 recites a plant cell that comprises both a phosphinothricin resistance gene and a gene coding for a virus resistance. This is a broad claim which is limited by the embodiments cited in the following claims.
The phosphinothricin gene must be obtained from a Streptomyces species, and hence includes the bar gene (Claim 4). Furthermore, the virus resistance gene must code for a virus coat protein and be obtained from RNA of either cucumber mosaic virus, alfalfa mosaic virus or of brom mosaic virus (Claims 2-3). Dependent Claim 5 recites a process for producing plants with the transgenes, as described in Claim 1, that display improved growth after treatment with phosphinothricin. The use of the plant cell for the regeneration of plants, with or without improved herbicide or virus resistance, is also claimed (Claims 6-7).
This patent application is still active (office actions have taken place in 2002). Hence the application seems to be still alive and it must be noted that the claims have not yet been granted and are therefore subject to alteration.
Independent Claim 1 of this patent application is written in more general terms than European patent EP 513014 B1. It recites “a gene coding for virus resistance” in combination with “a herbicide resistance gene”. In the mentioned patent, the herbicide was phosphinothricin. The object of this patent application seems to be to ensure wider coverage for the gene.
This member of the family deals exclusively with the growth-promoting effects of herbicide treatment and not with virus resistance. The patent claims the application of glutamine synthetase inhibitors to crop plants that are resistant to such inhibitors (Claim 1). The application of such herbicides has commercial implications in that crop yield is expected to increase after application as a result of decreased competition from weeds and other non-resistant plants.
The patent specifically claims the application of herbicides to plants (including transgenic plants) that express an N-acetyl-transferase gene (Claim 2).
Claim 1 recites the combination of two DNA molecules, one encoding a phosphinothricin resistance gene and the other a virus coat protein capable of conferring virus resistance. Dependent Claim 3 recites Streptomyces as the source of the phosphinothricin gene. The patent extends to cover plants, plant cells or seeds of plants that express the two resistance genes (Claim 6). The patent also covers a method to improve the growth of plants involving the transformation of plant cells with the above genes.
This patent is a division of U.S. patent application No 08/279706, Patent No 5633434. The emphasis here is on a transformed, transgenic plant cell expressing both a phosphinothricin (PPT) resistance gene and a viral coat protein (Claim 1). Utilizing the herbicide resistance to improve growth is the subject of Claim 2. Claim 2 recites the transformation, selection and regeneration of a plant from a plant cell containing the genes for herbicide and virus resistance as in Claim 1. The treatment of such regenerated plants with phosphinothricin is also claimed. The phosphinothricin resistance gene must be from a Streptomyces species (Claim 6). However in the specifications the resistance gene from Streptomyces viridochromogenes is preferred. This patent also claims the isolated DNA sequence used to transform the plant cells (Claim 3).
This patent is a continuation-in-part of U.S. patent application No 08/279706, Patent No 5633434, i.e. it contains additional disclosure. Claims deal solely with the growth-enhancing effects when treating transgenic plants containing a glutamine synthetase inhibitor resistance gene with the corresponding herbicide. Claims are also directed to field treatment details to achieve the desired results.
This patent covers the application of a glutamine synthetase inhibitor to plants that, through transformation, have been modified to be resistant to glutamine synthetase inhibitors (Claim 1). The transformation of the plant cells with a DNA fragment coding for n-acetyltransferase is also claimed (Claim 6).