# US 10,765,079 B2 · Wild rocket variety 89-004 RZ

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- Number: US 10,765,079 B2
- Document ID: US10765079B2
- Status: Granted
- Kind: B2
- Application number: 16/127,446
- Filed: 2018-09-11
- Published: 2019-03-14
- Granted: 2020-09-08
- Earliest claimed: 2017-09-12
- 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/US10765079B2

## CPC

- A01H 6/20: Brassicaceae, e.g. canola, broccoli or rucola
- A01H 6/205: {Eruca sativa [rucola, arugula or rocket]}
- 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

The present invention relates to a Diplotaxis tenuifolia seed designated 89-004 RZ, which exhibits a combination of traits including downy mildew resistance, medium green leaves, medium leaf division and a very short plant height at flowering stage. The present invention also relates to a Diplotaxis tenuifolia plant produced by growing the 89-004 RZ seed. The invention further relates to methods for producing the wild rocket cultivar, represented by wild rocket variety 89-004 RZ.

## Claims

### Claim 1

A seed of wild rocket variety 89-004 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42802.

### Claim 2 (depends on 1)

A wild rocket plant grown from the seed of claim 1.

### Claim 3 (depends on 2)

The wild rocket plant of claim 2, which is a plant grown from seed having been deposited under NCIMB Accession No. 42802.

### Claim 4 (depends on 2)

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

### Claim 5 (depends on 2)

A part of the plant of claim 2, 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 2)

A tissue culture of regenerable cells or protoplasts from the wild rocket plant of claim 2 or from a part of said plant.

### 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)

A wild rocket plant regenerated from the tissue culture of claim 6, wherein the regenerated plant expresses all of the physiological and morphological characteristics of wild rocket variety 89-004 RZ, sample of seed of said variety having been deposited under NCIMB Accession No. 42802.

### Claim 9

A method of vegetatively propagating a plant of wild rocket variety 89-004 RZ comprising (a) collecting tissue capable of being propagated from a plant of wild rocket 89-004 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42802, and (b) producing a rooted plant from said tissue, and (c) optionally growing plants from the rooted plantlets.

### Claim 10 (depends on 2)

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

### Claim 11 (depends on 10)

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

### Claim 12 (depends on 11)

A wild rocket plant produced by growing the seed of claim 11.

### Claim 13

A method for producing a seed of a 89-004 RZ-derived wild rocket plant comprising (a) crossing a plant of wild rocket variety 89-004 RZ, a sample of seed of which having been deposited under NCIMB Accession No. 42802, with a second wild rocket plant, and (b) whereby seed of a 89-004 RZ-derived wild rocket plant forms.

### Claim 14 (depends on 13)

The method of claim 13 further comprising (c) crossing a plant grown from 89-004 RZ-derived wild rocket seed with itself or with a second wild rocket plant to yield additional 89-004 RZ-derived wild rocket seed, (d) growing the additional 89-004 RZ-derived wild rocket seed of step (c) to yield additional 89-004 RZ-derived wild rocket plants, and (e) repeating the crossing and growing of steps (c) and (d) for an additional 3-10 generations to generate further 89-004 RZ-derived wild rocket plants, and (f) whereby seed of a 89-004 RZ-derived wild rocket plant forms.

### Claim 15 (depends on 13)

An F1 seed produced by the method of claim 13.

### Claim 16

A method of introducing at least one new trait into a plant of wild rocket variety 89-004 RZ comprising: (a) crossing a plant of wild rocket variety 89-004 RZ, a sample of seed of which having been deposited under NCIMB Accession No. 42802, with a second wild rocket plant that comprises the 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 wild rocket variety 89-004 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 wild rocket plant of variety 89-004 RZ comprising the at least one new trait and otherwise all of the physiological and morphological characteristics of a plant of wild rocket variety 89-004 RZ, when grown in the same environmental conditions.

### Claim 17

A method of producing a plant of wild rocket variety 89-004 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 wild rocket variety 89-004 RZ, wherein a sample of seed of said variety has been deposited under NCIMB Accession No. 42802.

### Claim 18 (depends on 16)

A wild rocket plant producing by the method of claim 16, wherein the plant comprises the at least one new trait and otherwise all of the morphological and physiological characteristics of a plant of wild rocket variety 89-004 RZ.

### Claim 19 (depends on 1)

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

### Claim 20 (depends on 2)

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

### Claim 21 (depends on 2)

A method for producing wild rocket 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 wild rocket plants of claim 2 for harvest of leaves.

### Claim 23 (depends on 2)

A method of determining the genotype of a plant of wild rocket variety 89-004 RZ, a sample of seed of which has been deposited under NCIMB Accession No. 42802, 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 wild rocket variety 89-004 RZ and/or give rise to the expression of any one or more, or all, of the morphological and physiological characteristics of wild rocket variety 89-004 RZ as claimed in claim 2.

### Claim 24 (depends on 1)

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

### Claim 25

A wild rocket plant designated 89-004 RZ, representative seed of which having been deposited under NCIMB Accession No. 42802, further comprising a transgene.

### Claim 26 (depends on 2)

A method for producing a modified wild rocket plant comprising mutagenizing the plant of claim 2.

### Claim 27 (depends on 4)

A method for producing a modified wild rocket plant comprising mutagenizing the plant of claim 4.

### Claim 28 (depends on 8)

A method for producing a modified wild rocket plant comprising mutagenizing the plant of claim 8.

### Claim 29 (depends on 4)

A method for producing a modified wild rocket plant comprising mutagenizing the plant part of claim 4.

### Claim 30 (depends on 5)

A method for producing a modified wild rocket plant comprising mutagenizing the plant part of claim 5.

### Claim 31 (depends on 6)

A method for producing a modified wild rocket plant comprising mutagenizing the tissue culture of claim 6.

### Claim 32 (depends on 25)

The plant as claimed in claim 25, wherein the transgene is introduced via transformation.

### Claim 33

A method for producing progeny plant of wild rocket variety 89-004 RZ comprising crossing a plant designated 89-004 RZ with itself or with another lettuce plant, harvesting the resultant seed, and growing said seed, a sample of seed of said variety having been deposited under NCIMB Accession No. 42802.

### Claim 34 (depends on 33)

A progeny plant produced by the method of claim 33, wherein said progeny plant exhibits all of the morphological and physiological characteristics of the lettuce variety designated 89-004 RZ, a sample of seed of said variety having been deposited under NCIMB Accession No. 42802.