# US 10,119,149 B2 · Use of DIG3 insecticidal crystal protein in combination with cry1Ab for management of resistance in european cornborer > Agents: this data is available as JSON from the patentgrep API and MCP server — see https://patentgrep.com/llms.txt - Number: US 10,119,149 B2 - Document ID: US10119149B2 - Status: Granted - Kind: B2 - Application number: 15/047,456 - Filed: 2016-02-18 - Published: 2016-08-18 - Granted: 2018-11-06 - Earliest claimed: 2011-08-05 - Assignees: Dow AgroSciences LLC - Applicants: Dow AgroSciences LLC - Inventors: Thomas Meade; Kenneth Narva; Nicholas P. Storer; Joel J. Sheets; Aaron T. Woosley; Stephanie L. Burton - Web page: https://patentgrep.com/patent/US10119149B2 ## CPC - C12N 15/8286: {for insect resistance} - A01N 63/50: Isolated enzymes; Isolated proteins (peptides A01N37/46) - C07K 14/325: Bacillus thuringiensis crystal peptides, i.e. delta-endotoxins - Y02A 40/146: Genetically Modified [GMO] plants, e.g. transgenic plants - C12N: MICROORGANISMS OR ENZYMES; COMPOSITIONS THEREOF; PROPAGATING, PRESERVING, OR MAINTAINING MICROORGANISMS; MUTATION OR GENETIC ENGINEERING; CULTURE MEDIA (microbiological testing media C12Q1/00) - A01N: PRESERVATION OF BODIES OF HUMANS OR ANIMALS OR PLANTS OR PARTS THEREOF (preservation of food or foodstuff A23); BIOCIDES, e.g. AS DISINFECTANTS, AS PESTICIDES OR AS HERBICIDES (preparations for medical, dental or toiletry purposes which kill or prevent the growth or proliferation of unwanted organisms A61K); PEST REPELLANTS OR ATTRACTANTS; PLANT GROWTH REGULATORS - C07K: PEPTIDES (peptides in foodstuffs A23; obtaining protein compositions for foodstuffs, working-up proteins for foodstuffs A23J; preparations for medicinal purposes A61K; peptides containing beta-lactam rings C07D; cyclic dipeptides not having in their molecule any other peptide link than those which form their ring, e.g. piperazine-2,5-diones, C07D; ergot alkaloids of the cyclic peptide type C07D519/02; macromolecular compounds having statistically distributed amino acid units in their molecules, i.e. when the preparation does not provide for a specific; but for a random sequence of the amino acid units, homopolyamides and block copolyamides derived from amino acids C08G69/00; macromolecular products derived from proteins C08H1/00; preparation of glue or gelatine C09H; single cell proteins, enzymes C12N; genetic engineering processes for obtaining peptides C12N15/00; compositions for measuring or testing processes involving enzymes C12Q; investigation or analysis of biological material G01N33/00) - Y02A: TECHNOLOGIES FOR ADAPTATION TO CLIMATE CHANGE ## Abstract The subject invention includes methods and plants for controlling European corn borer, said plants comprising a Cry1Ab insecticidal protein and a DIG-3 insecticidal protein to delay or prevent development of resistance by the insect. ## Claims ### Claim 1 A transgenic plant comprising a Cry1Ab polynucleotide encoding a Cry1Ab insecticidal protein, and a DIG-3 polynucleotide encoding a DIG-3 insecticidal protein having at least 95% sequence identity with SEQ ID NO:2. ### Claim 2 (depends on 1) The transgenic plant of claim 1, wherein said plant further comprises DNA encoding a third insecticidal protein selected from the group consisting of Cry1Fa, Cry1Be, and Cry2Aa. ### Claim 3 (depends on 2) The transgenic plant of claim 2, said plant further comprising DNA encoding a fourth insecticidal protein selected from the group consisting of Cry1Be and Cry2Aa where the third insecticidal protein is Cry1Fa. ### Claim 4 (depends on 1) A seed of the plant of claim 1, wherein said seed comprises the Cry1Ab polynucleotide encoding the Cry1Ab insecticidal protein and the DIG-3 polynucleotide encoding the DIG-3 insecticidal protein. ### Claim 5 (depends on 1) A plurality of plants comprising non-Bt refuge plants and the transgenic plants of claim 1, wherein said refuge plants comprise less than 40% of said plurality of plants. ### Claim 6 (depends on 5) The plurality of plants of claim 5, wherein said refuge plants comprise less than 30% of said plurality of plants. ### Claim 7 (depends on 5) The plurality of plants of claim 5, wherein said refuge plants comprise less than 20% of said plurality of plants. ### Claim 8 (depends on 5) The plurality of plants of claim 5, wherein said refuge plants comprise less than 10% of said plurality of plants. ### Claim 9 (depends on 5) The plurality of plants of claim 5, wherein said refuge plants comprise less than 5% of said plurality of plants. ### Claim 10 (depends on 5) The plurality of plants of claim 5, wherein said refuge plants are in blocks or strips. ### Claim 11 (depends on 4) A mixture of seeds comprising refuge seeds from non-Bt refuge plants and the seeds of claim 4, wherein said refuge seeds comprise less than 40% of all the seeds in the mixture. ### Claim 12 (depends on 11) The mixture of seeds of claim 11, wherein said refuge seeds comprise less than 30% of all the seeds in the mixture. ### Claim 13 (depends on 11) The mixture of seeds of claim 11, wherein said refuge seeds comprise less than 20% of all the seeds in the mixture. ### Claim 14 (depends on 11) The mixture of seeds of claim 11, wherein said refuge seeds comprise less than 10% of all the seeds in the mixture. ### Claim 15 (depends on 11) The mixture of seeds of claim 11, wherein said refuge seeds comprise less than 5% of all the seeds in the mixture. ### Claim 16 (depends on 5) A method of managing development of resistance to a Cry protein by an insect, said method comprising planting seeds to produce the plants of claim 5. ### Claim 17 (depends on 5) The plurality of plants of claim 5, wherein said plants occupy more than 10 acres. ### Claim 18 (depends on 1) The plant of claim 1, wherein said plant is selected from the group consisting of corn, soybeans, and cotton. ### Claim 19 (depends on 18) The plant of claim 18, wherein said plant is corn. ### Claim 20 A non-totipotent plant cell comprising a Cry1Ab polynucleotide encoding a Cry1Ab insecticidal protein, and a DIG-3 polynucleotide encoding the DIG-3 insecticidal protein of SEQ ID NO:2. ### Claim 21 A method of controlling a corn borer insect, wherein said method comprises contacting said insect or the environment of said insect with an effective amount of a composition that contains a Cry1Ab insecticidal protein and further contains the DIG-3 insecticidal protein of SEQ ID NO:2. ### Claim 22 (depends on 21) The method of claim 21, wherein said composition is a plurality of plant cells. ### Claim 23 (depends on 22) A method of producing the composition of claim 22, wherein said method comprises reproducing said cells.