# US 10,477,798 B2 · Lettuce variety 81-04 RZ

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- Number: US 10,477,798 B2
- Document ID: US10477798B2
- Status: Granted
- Kind: B2
- Application number: 15/718,489
- Filed: 2017-09-28
- Published: 2018-03-29
- Granted: 2019-11-19
- Earliest claimed: 2016-09-28
- Assignees: Rijk Zwaan Zaadteelt En Zaadhandel B.V.
- Applicants: Rijk Zwaan Zaadteelt En Zaadhandel B.V.
- Inventors: Adrianus Martinus Jozeph Ammerlaan; Christophe Henri Thomas; Anne-Laure Odile Cécilia Girard
- Web page: https://patentgrep.com/patent/US10477798B2

## CPC

- A01H 6/1472: {Lactuca sativa [lettuce]}
- A01H 5/12: Leaves
- A01H 4/005: {Methods for micropropagation; Vegetative plant propagation using cell or tissue culture techniques}
- C12Q 1/6895: for plants, fungi or algae
- C12Q 2600/13: Plant traits
- 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 Latium saliva seed designated 81-04 RZ. The present invention also relates to a Lactuca saliva plant produced by growing the 81-04 RZ seed. The invention further relates to methods for producing the lettuce cultivar, represented by lettuce variety 81-04 RZ.

## Claims

### Claim 1

A seed of lettuce variety 81-04 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42634.

### Claim 2 (depends on 1)

A lettuce plant grown from the seed of claim 1.

### Claim 3 (depends on 2)

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

### Claim 4 (depends on 2)

A part of the plant of claim 2, wherein said part comprises a microspore, pollen, ovary, ovule, embryo sac, egg cell, cutting, root, stem, cell or protoplast.

### Claim 5 (depends on 2)

A tissue culture of regenerable cells or protoplasts from the lettuce plant of claim 2.

### Claim 6 (depends on 5)

The tissue culture as claimed in claim 5, wherein said cells or protoplasts of the tissue culture are derived from a tissue comprising a leaf, pollen, embryo, cotyledon, hypocotyl, meristematic cell, root, root tip, anther, flower, seed or stem.

### Claim 7 (depends on 5)

A lettuce plant regenerated from the tissue culture of claim 5, wherein the regenerated plant expresses all of the physiological and morphological characteristics of lettuce variety 81-04 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42634.

### Claim 8

A method of vegetatively propagating a plant of lettuce variety 81-04 RZ comprising (a) collecting tissue capable of being propagated from a plant of lettuce 81-04 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42634, (b) cultivating the tissue to obtain proliferated shoots and rooting the proliferated shoots to obtain rooted plantlets, and (c) optionally growing plants from the rooted plantlet.

### Claim 9

A method for producing a progeny plant of lettuce cultivar 81-04 RZ, comprising crossing a plant designated 81-04 RZ, representative seed which having been deposited under NCIMB Accession No. 42634, with itself or with another lettuce plant, harvesting the resultant seed, and growing said seed.

### Claim 10 (depends on 9)

A progeny plant produced by the method of claim 9, wherein said progeny plant exhibits all of the morphological and physiological characteristics of a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 42634.

### Claim 11 (depends on 2)

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

### Claim 12 (depends on 9)

An F1 lettuce seed produced by the method of claim 9.

### Claim 13 (depends on 10)

A lettuce plant produced by growing the seed of claim 10.

### Claim 14

A method for producing a seed of a 81-04 RZ-derived lettuce plant comprising (a) crossing a plant of lettuce variety 81-04 RZ, a sample of seed of which having been deposited under NCIMB Accession No. 42634, with a second lettuce plant, and (b) whereby seed of a 81-04 RZ-derived lettuce plant forms.

### Claim 15 (depends on 14)

The method of claim 14 further comprising (c) crossing a plant grown from 81-04 RZ-derived lettuce seed with itself or with a second lettuce plant to yield additional 81-04 RZ-derived lettuce seed, (d) growing the additional 81-04 RZ-derived lettuce seed of step (c) to yield additional 81-04 RZ-derived lettuce plants, and (e) repeating the crossing and growing of steps (c) and (d) for an additional 3-10 generations to generate further 81-04 RZ-derived lettuce plants, and (f) whereby seed of a 81-04 RZ-derived lettuce plant forms.

### Claim 16

A method of introducing at least one new trait into a plant of lettuce variety 81-04 RZ comprising: (a) crossing a plant of lettuce variety 81-04 RZ, a sample of seed of which having been deposited under NCIMB Accession No. 42634, with a second lettuce 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 lettuce variety 81-04 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 lettuce plant of variety 81-04 RZ comprising at least one new trait and otherwise all of the physiological and morphological characteristics of a plant of lettuce variety 81-04 RZ, when grown in the same environmental conditions.

### Claim 17

A method of producing a plant of lettuce variety 81-04 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 lettuce variety 81-04 RZ, wherein a sample of seed of said variety has been deposited under NCIMB Accession No. 42634.

### Claim 18 (depends on 16)

A lettuce plant produced by the method of claim 16, wherein said plant comprises the at least one new trait and otherwise all of the morphological and physiological characteristics of a plant of lettuce variety 81-04 RZ.

### Claim 19 (depends on 1)

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

### Claim 20 (depends on 2)

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

### Claim 21 (depends on 2)

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

### Claim 22 (depends on 2)

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

### Claim 23 (depends on 2)

A method of determining the genotype of a plant of lettuce variety 81-04 RZ, a sample of seed of which has been deposited under NCIMB Accession No. 42634, 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 lettuce variety 81-04 RZ and/or give rise to the expression of any one or more, or all, of the physiological and morphological characteristics of lettuce variety 81-04 RZ as claimed in claim 2.

### Claim 24 (depends on 1)

A method for producing a modified lettuce plant comprising mutagenizing the seed of claim 1.

### Claim 25

A lettuce plant designated 81-04 RZ, representative seed of which having been deposited under NCIMB Accession No. 42634, further comprising a transgene.

### Claim 26 (depends on 2, 3)

A method for producing a modified lettuce plant comprising mutagenizing the plant of any one of claim 2, 3, or 7.

### Claim 27 (depends on 3, 4)

A method for producing a modified lettuce plant comprising mutagenizing the plant part of any one of claim 3 or 4.

### Claim 28 (depends on 5)

A method for producing a modified lettuce plant comprising mutagenizing the tissue culture of claim 5.

### Claim 29 (depends on 25)

The plant of claim 25, wherein the transgene is introduced via transformation.