Claims for Patent: 6,489,542

Summary for Patent: 6,489,542

Title:	Methods for transforming plants to express Cry2Ab .delta.-endotoxins targeted to the plastids
Abstract:	Disclosed is a means of controlling plant pests by a novel method of expressing Cry2Ab B. thuringiensis .delta.-endotoxins in plants, targeted to the plastids. The invention comprises novel nucleic acid segments encoding proteins comprising Cry2Ab B. thuringiensis .delta.-endotoxins. The nucleic acid segments are disclosed, as are transformation vectors containing the nucleic acid segments, plants transformed with the claimed segments, methods for transforming plants, and methods of controlling plant infestation by pests.
Inventor(s):	Corbin; David R. (Chesterfield, MO), Romano; Charles P. (Medfield, MA)
Assignee:	Monsanto Technology LLC (St. Louis, MO)
Application Number:	09/186,002
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 6,489,542
Patent Claims:	1. A plant comprising a nucleotide sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein comprising a plant functional promoter sequence operably linked to a first polynucleotide sequence encoding a plastid transit peptide, which linked in-frame to a second polynucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein, said second polynucleotide sequence being operably linked to a plant functional 3' end transcription termination and polyadenylation sequence, wherein expression of said nucleotide sequence in said plant yields a fusion protein comprised of an amino-terminal plastid transit peptide covalently linked to said .delta.-endotoxin protein, and said plastid transit peptide functions to localize said .delta.-endotoxin protein to a plastid. 2. The plant of claim 1 wherein said nucleotide sequence further comprises one or more plant functional intron sequences, wherein said one or more plant functional intron sequences are included within said nucleotide sequence from positions selected from the group consisting of a) between said promoter sequence and said first polynucleotide sequence; and b) within said first polynucleotide sequence. 3. The plant of claim 2, wherein said intron sequence is a maize heat shock protein 70 intron sequence. 4. The plant of claim 1, wherein said first polynucleotide sequence encodes a plastid transit peptide selected from the group consisting of zmSSU PTP, PTP1, PTP1.DELTA., and PTP2. 5. The plant of claim 4, wherein said nucleotide sequence comprises nucleotides 17 to 3182 of SEQ ID NO:13. 6. The plant of claim 4, wherein said nucleotide sequence comprises nucleotides 17 to 3092 of SEQ ID NO:14. 7. The plant of claim 4, wherein said nucleotide sequence comprises nucleotides 17 to 3155 of SEQ ID NO:15. 8. The plant of claim 4, wherein the plant is a monocotyledonous plant selected from the group consisting of maize, rice, wheat, barley, oats, rye, millet, sorghum, sugarcane, and turfgrass. 9. The plant of claim 8, wherein said monocotyledonous plant is a maize plant. 10. The plant of claim 1, wherein the plant is a dicotyledonous plant selected from the group consisting of cotton, soybean, tomato, potato, citrus, tobacco, canola, and strawberry. 11. The plant of claim 10, wherein said dicotyledonous plant is a cotton plant or a soybean plant. 12. A plant produced from the transgenic plant of claim 1, wherein said plant has inherited said nucleotide sequence from said transgenic plant. 13. The plant of claim 1, wherein said plant further comprises a DNA sequence comprising a plant functional promoter operably linked to a polynucleotide sequence encoding a Cry1 Bacillus thuringiensis .delta.-endotoxin protein. 14. A plant tissue from progeny of the plant according to claim 13, wherein said plant tissue comprises said nucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein. 15. A method of producing a first transgenic plant which exhibits increased levels of accumulation of a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein and decreased phytotoxic effects of expression of a nucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein when compared to a second transgenic plant, said method comprising the steps of: a) transforming a plant cell with a nucleotide sequence comprising in operable linkage a plant functional promoter sequence linked to a first polynucleotide sequence encoding a plastid transit peptide and a second polynucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein; b) regenerating said first transgenic plant from said transformed plant cell; and c) comparing the level of Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein accumulation and plant morphology of said first transgenic plant to said second transgenic plant transformed to express a nucleic acid sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein that is not linked to a plastid transit peptide, wherein expression of said nucleotide sequence in said first transgenic plant yields a fusion protein comprising an amino-terminal plastid transit peptide covalently linked to said .delta.-endotoxin protein, and said plastid transit peptide functions to localize said .delta.-endotoxin protein to a plastid. 16. The method of claim 15, wherein said decreased phytotoxic effects is selected from the group of effects consisting of an absence of chlorosis, stunting, shortened internodes, deformed leaves, and infertility when compared to transgenic plants transformed to express a nucleotide sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein which is not localized to the plastid. 17. The method of claim 16, wherein increased levels of accumulation of said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein. comprises from about 1 .mu.g to about 500 .mu.g Cry2Ab Bacillus thuringiensis.delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 18. The method according to claim 17 wherein said increased levels of accumulation of said .delta.-endotoxin protein comprises from about 15 .mu.g to about 300 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 19. The method according to claim 18 wherein said increased levels of accumulation of said .delta.-endotoxin protein comprises from about 25 .mu.g to about 200 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 20. The method according to claim 19 wherein said increased levels of accumulation of said .delta.-endotoxin protein comprises from about 100 .mu.g to about 200 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 21. The method according to claim 20 wherein said increased levels of accumulation of said .delta.-endotoxin protein is about 200 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 22. The method according to claim 17, wherein said nucleotide sequence further comprises one or more plant functional intron sequences, wherein said one or more plant functional intron sequences are included within said nucleotide sequence from positions selected from the group consisting of a) between said promoter sequence and said first polynucleotide sequence; and b) within said first polynucleotide sequence. 23. The method of claim 22, wherein said intron sequence is a maize heat shock protein 70 intron sequence. 24. The method of claim 23, wherein said first polynucleotide sequence encodes a plastid transit peptide selected from the group consisting of zmSSU PTP, PTP1, PTP1.DELTA., and PTP2. 25. The method of claim 22, wherein said nucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein comprises nucleotides 17 to 3182 of SEQ ID NO:13. 26. The method of claim 22, wherein said nucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein comprises nucleotides 17 to 3092 of SEQ ID NO:14. 27. The method of claim 22, wherein said nucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein comprises nucleotides 17 to 3155 of SEQ ID NO:15. 28. The method of claim 24, wherein the plant cell is a monocotyledonous plant cell selected from the group consisting of maize, rice, wheat, barley, oats, rye, millet, sorghum, sugarcane, and turfgrass. 29. The method of claim 28, wherein said monocotyledonous plant cell is a maize plant cell. 30. The method of claim 17, wherein the plant cell is a dicotyledonous plant cell selected from the group consisting of cotton, soybean, tomato, potato, citrus, tobacco, canola, and strawberry. 31. The method of claim 30, wherein said dicotyledonous plant cell is a cotton plant cell or a soybean plant cell. 32. A plant produced by the method of claim 15, wherein said plant has inherited said nucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein from said first transgenic plant. 33. A progeny plant produced from the plant of claim 13, wherein said progeny plant comprises said polynucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein and said DNA sequence encoding said Cry1 Bacillus thuringiensis .delta.-endotoxin protein. 34. A tissue from the plant according to claim 32, wherein said tissue comprises said polynucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein. 35. A tissue from the progeny plant according to claim 33, wherein said tissue comprises said polynucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein and said DNA sequence encoding said Cry1 Bacillus thuringiensis .delta.-endotoxin protein. 36. A method for increasing the frequency of morphologically normal transgenic plants obtained after transformation which express a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein localized to a plastid comprising the steps of: a) transforming plant cells with a nucleotide sequence comprising in operable linkage a plant functional promoter linked to a first polynucleotide sequence encoding a plastid transit peptide, and a second polynucleotide sequence encoding said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein; b) selecting plant cells expressing said protein; c) regenerating transgenic plants from said selected plant cells; and d) comparing the number of morphologically normal transgenic plants expressing said protein to the number of plants obtained after transformation which express a nucleic acid encoding a protein selected from the group consisting of a Cry2A protein which is not localized to a plastid and a Cry2A protein other than a Cry2Ab protein localized to a plastid; wherein expression of said nucleotide sequence in said transgenic plants yields a fusion protein comprised of an amino-terminal plastid transit peptide covalently linked to said .delta.-endotoxin protein, and said plastid transit peptide functions to localize said .delta.-endotoxin protein to a plastid. 37. The method according to claim 36, wherein the increase in frequency of morphologically normal transgenic plants obtained which express a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein comprises an increase of about 4-fold more plants than the number of morphologically normal plants obtained from plants transformed to express a nucleic acid sequence encoding a Cry2Ab protein which is not localized to a plastid. 38. The method of claim 37, wherein said morphologically normal transgenic plants obtained exhibit decreased phytotoxic effects selected from the group consisting of an absence of chlorosis, stunting, shortened internodes, deformed leaves, and infertility when compared to transgenic plants transformed to express a Cry2Ab protein which is not localized to the plastid. 39. The method of claim 38, wherein said morphologically normal transgenic plants obtained exhibit increased levels of accumulation of said Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein compared to plants transformed to express a Cry2Ab protein which is not localized to the plastid, wherein said increased levels comprise from about 1 .mu.g to about 500 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said morphologically normal transgenic plant as set forth in Table 6. 40. The method according to claim 39, wherein said nucleotide sequence further comprises one or more plant functional intron sequences, wherein said one or more plant functional intron sequences are included within said nucleotide sequence from positions selected from the group consisting of a) between said promoter sequence and said DNA; and b) within said DNA. 41. The method of claim 40, wherein said one or more plant functional intron sequences is a maize heat shock protein 70 intron sequence. 42. The method of claim 41, wherein said DNA sequence encodes a plastid transit peptide selected from the group consisting of zmSSU PTP, PTP1, PTP1.DELTA., and PTP2. 43. The method of claim 40, wherein said nucleotide sequence comprises nucleotides 17 to 3182 of SEQ ID NO:13. 44. The method of claim 40, wherein said nucleotide sequence comprises nucleotides 17 to 3092 of SEQ ID NO:14. 45. The method of claim 40, wherein said nucleotide sequence comprises nucleotides 17 to 3155 of SEQ ID NO:15. 46. The method of claim 42, wherein the morphologically normal transgenic plant is a monocotyledonous plant selected from the group consisting of maize, rice, wheat, barley, oats, rye, millet, sorghum, sugarcane, and turfgrass. 47. The method of claim 46, wherein said monocotyledonous plant is a maize plant. 48. The method of claim 37, wherein the morphologically normal transgenic plant is a dicotyledonous plant selected from the group consisting of cotton, soybean, tomato, potato, citrus, tobacco, canola, and strawberry. 49. The method of claim 48, wherein said dicotyledonous plant is a cotton plant or a soybean plant. 50. The method of claim 37 further comprising transforming said plant cells with a nucleic acid sequence comprising a plant functional promoter operably linked to a polynucleotide sequence encoding a Cry1 Bacillus thuringiensis .delta.-endotoxin protein. 51. A method of identifying a morphologically normal transgenic plant which is resistant to insect infestation comprising: a) obtaining a first plant containing a nucleic acid sequence comprising a plant functional promoter operably linked to a first polynucleotide sequence encoding a plastid transit peptide, which is linked in frame to a second polynucleotide sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein, said second polynucleotide sequence being operably linked to a plant functional 3' end transcription termination and polyadenylation sequence, wherein expression of said nucleic acid sequence in said plant yields a fusion protein comprising an amino-terminal plastid transit peptide covalently linked to said .delta.-endotoxin protein, wherein said plastid transit peptide functions to localize said .delta.-endotoxin protein to a plastid, and wherein said expression results in increased levels of said .delta.-endotoxin protein relative to plants transformed to express a nucleic acid sequence encoding a Cry2AB protein which is not localized to the plastid; b) obtaining a second plant; and c) crossing said first plant and said second plant to obtain a crossed transgenic progeny plant, said progeny plant having inherited said nucleic acid sequence from said first plant. 52. A nucleic acid sequence comprising in operable linkage a plant functional promoter linked to a first polynucleotide sequence encoding a plastid transit peptide and a second polynucleotide sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein, wherein expression of said nucleic acid sequence by a plant cell produces said .delta.-endotoxin protein localized within a plastid, and wherein said expression is increased relative to a plant cell transformed to express a nucleic acid sequence encoding a Cry2Ab protein which is not localized to a plastid. 53. A morphologically normal plant comprising a nucleic acid sequence comprising in operable linkage a plant functional promoter sequence linked to a first polynucleotide sequence encoding a plastid transit peptide and a second polynucleotide sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein, wherein said .delta.-endotoxin protein is selected from the group consisting of SEQ ID NO:2 and SEQ ID NO:18, and wherein expression of said nucleic acid sequence in said plant yields said protein localized to a plastid. 54. A morphologically normal plant comprising a nucleic acid sequence comprising, in 5' to 3' order, a plant functional promoter sequence operably linked to a first polynucleotide sequence encoding a plastid transit peptide, which is linked in frame to a second polynucleotide sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein selected from the group consisting of SEQ ID NO:2 and SEQ ID NO:18, said second polynucleotide sequence being further linked to a plant functional 3' end transcription termination and polyadenylation sequence, wherein expression of said nucleic acid sequence in said plant yields a fusion protein comprised of an amino terminal plastid transit peptide covalently linked to said .delta.-endotoxin protein, and wherein said plastid transit peptide functions to localize said .delta.-endotoxin protein to a plastid. 55. A plant cell comprising a nucleic acid sequence comprising a plant functional promoter sequence operably linked to a first polynucleotide sequence encoding a plastid transit peptide, which is linked in frame to a second polynucleotide sequence encoding a Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein wherein said second polynucleotide sequence is selected from the group consisting of SEQ ID NO:2 and SEQ ID NO:18. 56. A plant produced from the plant cell of claim 55, wherein said plant comprises said nucleic acid sequence. 57. A progeny plant produced from the plant of claim 56, wherein said progeny plant comprises said nucleic acid sequence. 58. A seed produced from the plant of claim 56 or the progeny plant of claim 134, wherein said seed comprises said nucleic acid sequence. 59. A plant produced by the method of claim 17. 60. The plant according to claim 59, wherein said increased levels of accumulation of said protein comprises from about 15 .mu.g to about 300 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 61. The plant according to claim 59, wherein said increased levels of accumulation of said protein comprises from about 25 .mu.g to about 200 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 62. The plant according to claim 59, wherein said increased levels of accumulation of said protein comprises from about 100 .mu.g to about 200 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6. 63. The plant according to claim 59, wherein said increased levels of accumulation of said protein is about 200 .mu.g Cry2Ab Bacillus thuringiensis .delta.-endotoxin protein per gram of one or more tissues of said first transgenic plant as set forth in Table 6.

Details for Patent 6,489,542

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Merck Sharp & Dohme Corp.	INTRON A	interferon alfa-2b	For Injection	103132	06/04/1986		2039-02-26
Merck Sharp & Dohme Corp.	INTRON A	interferon alfa-2b	For Injection	103132			2039-02-26
Merck Sharp & Dohme Corp.	INTRON A	interferon alfa-2b	Injection	103132			2039-02-26