# US 10,231,415 B2 · Salad rocket variety 88-001 RZ

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- Number: US 10,231,415 B2
- Document ID: US10231415B2
- Status: Granted
- Kind: B2
- Application number: 15/417,286
- Filed: 2017-01-27
- Published: 2017-08-03
- Granted: 2019-03-19
- Earliest claimed: 2016-01-29
- Assignees: Rijk Zwaan Zaadteelt En Zaadhandel B.V.
- Applicants: Rijk Zwaan Zaadteelt En Zaadhandel B.V.
- Inventors: Franciscus Hermanus Carree
- Web page: https://patentgrep.com/patent/US10231415B2

## CPC

- A01H 6/205: {Eruca sativa [rucola, arugula or rocket]}
- A01H 5/12: Leaves
- C12Q 1/6895: for plants, fungi or algae
- C12Q 2600/156: Polymorphic or mutational markers
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES
- C12Q: MEASURING OR TESTING PROCESSES INVOLVING ENZYMES, NUCLEIC ACIDS OR MICROORGANISMS (immunoassay G01N33/53); COMPOSITIONS OR TEST PAPERS THEREFOR; PROCESSES OF PREPARING SUCH COMPOSITIONS; CONDITION-RESPONSIVE CONTROL IN MICROBIOLOGICAL OR ENZYMOLOGICAL PROCESSES

## Abstract

The present invention relates to a Eruca sativa seed designated 88-001 RZ, which exhibits a combination of traits including downy mildew resistance, medium to late bolting, no leaf division in at least the first three leaf pairs to emerge on a plant, round leaves of at least the first leaf pair to emerge on a plant. The present invention also relates to a Eruca sativa plant produced by growing the 88-001 RZ seed. The invention further relates to methods for producing the salad rocket cultivar, represented by salad rocket variety 88-001 RZ.

## Claims

### Claim 1

A seed of salad rocket variety 88-001 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42515.

### Claim 2 (depends on 1)

A plant grown from the seed of claim 1.

### Claim 3 (depends on 2)

The salad rocket plant of claim 2, which is a plant grown from seed having been deposited under NCIMB Accession No. 42515.

### Claim 4 (depends on 2)

A salad rocket plant, or a part thereof, having all the physiological and morphological characteristics of the salad rocket plant of claim 2.

### Claim 5 (depends on 4)

A part of the plant of claim 4, wherein said part is a microspore, pollen, an ovary, an ovule, an embryo sac or an egg cell, a cutting, a root, a stem, a cell or a protoplast.

### Claim 6 (depends on 4)

A tissue culture of regenerable cells or protoplasts from the salad rocket plant or plant part of claim 4.

### Claim 7 (depends on 6)

The tissue culture as claimed in claim 6, wherein said cells or protoplasts of the tissue culture are derived from a leaf, pollen, an embryo, a cotyledon, a hypocotyl, a meristematic cell, a root, a root tip, an anther, a flower, a seed or a stem.

### Claim 8 (depends on 6, 7)

A salad rocket plant regenerated from the tissue culture of claim 6 or 7, wherein the regenerated plant expresses all of the physiological and morphological characteristics of salad rocket variety 88-001 RZ a sample of seed of said variety having been deposited under NCIMB Accession No. 42515.

### Claim 9

A method of vegetatively propagating a plant of salad rocket variety 88-001 RZ comprising (a) collecting tissue capable of being propagated from a plant of salad rocket 88-001 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42515, and (b) producing a rooted plant from said tissue.

### Claim 10 (depends on 2)

A method of producing a salad rocket seed comprising crossing a male parent salad rocket plant with a female salad rocket parent plant and harvesting the resultant salad rocket seed, wherein said male parent salad rocket plant and/or said female parent salad rocket plant is the salad rocket plant of claim 2.

### Claim 11 (depends on 10)

An F1 salad rocket seed produced by the method of claim 10.

### Claim 12 (depends on 11)

An F1 salad rocket plant produced by growing the seed of claim 11.

### Claim 13

A method for producing a seed of a 88-001 RZ-derived salad rocket plant comprising (a) crossing a plant of salad rocket variety 88-001 RZ, representative seed of which having been deposited under NCIMB Accession No. 42515, with a second salad rocket plant, and (b) whereby seed of a 88-001 RZ-derived salad rocket plant forms.

### Claim 14 (depends on 13)

The method of claim 13 further comprising (c) crossing a plant grown from 88-001 RZ-derived salad rocket seed with itself or with a second salad rocket plant to yield additional 88-001 RZ-derived salad rocket seed, (d) growing the additional 88-001 RZ-derived salad rocket seed of step (c) to yield additional 88-001 RZ-derived salad rocket plants, and (e) repeating the crossing and growing of steps (c) and (d) for an additional 3-10 generations to generate further 88-001 RZ-derived salad rocket plants, and (f) whereby seed of a 88-001 RZ-derived salad rocket plant forms.

### Claim 15

A method of introducing at least one new trait into a plant of salad rocket variety 88-001 RZ comprising: (a) crossing a plant of salad rocket variety 88-001 RZ, representative seed of which having been deposited under NCIMB Accession No. 42515, with a second salad rocket plant that comprises at least one new trait to produce progeny seed; (b) harvesting and planting the progeny seed to produce at least one progeny plant of a subsequent generation, wherein the progeny plant comprises the at least one new trait; (c) crossing the progeny plant with a plant of salad rocket variety 88-001 RZ to produce backcross progeny seed; (d) harvesting and planting the backcross progeny seed to produce a backcross progeny plant; and (e) repeating steps (c) and (d) for at least three additional generations to produce a salad rocket plant of variety 88-001 RZ comprising at least one new trait and all of the physiological and morphological characteristics of a plant of salad rocket variety 88-001 RZ, when grown in the same environmental conditions.

### Claim 16

A method of producing a plant of salad rocket variety 88-001 RZ comprising at least one new trait, the method comprising introducing a mutation or transgene conferring the at least one new trait into a plant of salad rocket variety 88-001 RZ, wherein a sample of seed of said variety has been deposited under NCIMB Accession No. 42515.

### Claim 17 (depends on 1)

A method for producing salad rocket leaves as food product comprising sowing the seed of claim 1 and growing the seed into a harvestable salad rocket plant and harvesting the leaves of said plant.

### Claim 18 (depends on 2)

A method for producing salad rocket leaves as a fresh vegetable comprising packaging leaves of a plant of claim 2.

### Claim 19 (depends on 2)

A method for producing salad rocket leaves as a processed food comprising processing leaves of a plant of claim 2.

### Claim 20 (depends on 2)

A container comprising one or more salad rocket plants of claim 2 for harvest of leaves.

### Claim 21 (depends on 2)

A method of determining the genotype of a plant of salad rocket variety 88-001 RZ, representative seed of which has been deposited under NCIMB Accession No. 42515, or a first generation progeny thereof, comprising obtaining a sample of nucleic acids from said plant and comparing said nucleic acids to a sample of nucleic acids obtained from a reference plant, and detecting a plurality of polymorphisms between the two nucleic acid samples, wherein the plurality of polymorphisms are indicative of salad rocket variety 88-001 RZ and/or give rise to the expression of any one or more, or all, of the morphological and physiological characteristics of salad rocket variety 88-001 RZ as claimed in claim 2.