# US 10,440,917 B2 · Canola variety 45M38 > Agents: this data is available as JSON from the patentgrep API and MCP server — see https://patentgrep.com/llms.txt - Number: US 10,440,917 B2 - Document ID: US10440917B2 - Status: Granted - Kind: B2 - Application number: 15/701,529 - Filed: 2017-09-12 - Published: 2019-03-14 - Granted: 2019-10-15 - Earliest claimed: 2017-09-12 - Assignees: Pioneer Hi-Bred International, Inc. - Applicants: Pioneer Hi-Bred International, Inc. - Inventors: Igor Falak; Jayantilal Devabhai Patel - Web page: https://patentgrep.com/patent/US10440917B2 ## CPC - A01H 6/202: {Brassica napus [canola]} - A01H 5/10: Seeds - A01H 5/12: Leaves - A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES ## Abstract Provided is a canola variety designated 45M38 and seed, plants and plant parts thereof produced from a cross of inbred varieties. Methods for producing a canola variety comprise crossing canola variety 45M38 with another canola plant. Methods for producing a canola plant containing in its genetic material one or more traits introgressed into 45M38 through backcross conversion and/or transformation, and to the canola seed, plant and plant part produced thereby are described. Canola variety 45M38, the seed, the plant produced from the seed, plant parts and variants, mutants, and minor modifications of canola variety 45M38 are disclosed. ## Claims ### Claim 1 A canola variety 45M38, representative seed of the variety having been deposited under ATCC Accession Number PTA-124074. ### Claim 2 (depends on 1) A seed of the canola variety of claim 1. ### Claim 3 (depends on 2) The seed of claim 2, further comprising a seed treatment on the surface of the seed. ### Claim 4 (depends on 3) The seed of claim 3, wherein the treatment comprises a fungicide, insecticide or combination thereof. ### Claim 5 (depends on 1) A plant or plant part of the canola variety of claim 1. ### Claim 6 (depends on 5) A method comprising cleaning seed harvested from the plant of claim 5. ### Claim 7 (depends on 5) A method for producing canola oil comprising processing seed harvested from the plant of claim 5. ### Claim 8 (depends on 2) A method of producing a canola seed, the method comprising planting the seed of claim 2 to produce a subsequent generation of seed; harvesting the subsequent generation of seed; and planting the subsequent generation of seed. ### Claim 9 A seed of canola variety 45M38, further comprising a trait introduced by backcrossing or genetic transformation, representative seed of the variety having been deposited under ATCC Accession Number PTA-124074. ### Claim 10 (depends on 9) The seed of claim 9, wherein the trait is selected from the group consisting of male sterility, a site for site-specific recombination, abiotic stress tolerance, altered phosphate, altered antioxidants, altered fatty acids, altered essential amino acids, altered carbohydrates, herbicide resistance, insect resistance and disease resistance. ### Claim 11 (depends on 9) The seed of claim 9, further comprising a seed treatment. ### Claim 12 (depends on 9) A method comprising cleaning the seed of claim 9. ### Claim 13 (depends on 5) A method for producing a second canola plant or plant part, the method comprising doubling haploid seed generated from the plant of claim 5, thereby producing the second canola plant or plant part. ### Claim 14 (depends on 5) A method for producing a seed comprising a trait, the method comprising crossing the plant or plant part of claim 5 with a second plant comprising the trait. ### Claim 15 (depends on 14) The method of claim 14, wherein the trait is selected from the group consisting of male sterility, a site for site-specific recombination, abiotic stress tolerance, altered phosphate, altered antioxidants, altered fatty acids, altered essential amino acids, altered carbohydrates, herbicide resistance, insect resistance and disease resistance. ### Claim 16 (depends on 5) A method for producing a second canola plant or plant part, the method comprising applying plant breeding techniques to the plant or plant part of claim 5, thereby producing the second canola plant. ### Claim 17 (depends on 5) A method for producing a canola plant derived from canola variety 45M38, the method comprising: (a) crossing the plant of claim 5 with itself or a second plant to produce progeny seed; (b) growing the progeny seed to produce a progeny plant and crossing the progeny plant with itself or a different plant to produce further progeny seed; and (c) repeating step (b) for at least one additional generation to produce a canola plant derived from the variety 45M38 and further comprising the trait. ### Claim 18 (depends on 9) A method for producing a second canola plant or plant part, the method comprising doubling haploid seed generated from a plant grown from the seed of claim 9, thereby producing the second canola plant or plant part. ### Claim 19 (depends on 5) A method for producing a canola plant derived from canola variety 45M38, the method comprising: (a) crossing the plant of claim 5 with itself or a second plant to produce progeny seed; (b) growing the progeny seed to produce a progeny plant and crossing the progeny plant with itself or a different plant to produce further progeny seed; and (c) repeating step (b) for at least one additional generation to produce a canola plant derived from the variety 45M38. ### Claim 20 A method of introducing a desired trait into canola line 45M38 wherein the method comprises: (a) crossing a 45M38 plant, wherein a representative sample of seed was deposited under ATCC Accession No. PTA-124074, with a plant of another canola line that comprises a desired trait to produce progeny plants, the desired trait being selected from the group consisting of male sterility, herbicide resistance, insect resistance, pest resistance, modified fatty acid metabolism, modified carbohydrate metabolism, modified seed yield, modified oil percent, modified protein percent, modified lodging resistance and modified resistance to bacterial disease, fungal disease or viral disease; (b) selecting one or more progeny plants that have the desired trait to produce selected progeny plants; (c) crossing the selected progeny plants with the 45M38 plants to produce backcross progeny plants; (d) selecting for backcross progeny plants that have the desired trait and essentially all of the physiological and morphological characteristics of canola line 45M38 listed in Table 1; and (e) repeating steps (c) and (d) two or more times to produce selected third or higher backcross progeny plants that comprise the desired trait and essentially all of the physiological and morphological characteristics of canola line 45M38 as shown in Table 1.