# US 10,869,437 B2 · Plants and seeds of Brassica carinata variety AGR044-312E

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- Number: US 10,869,437 B2
- Document ID: US10869437B2
- Status: Granted
- Kind: B2
- Application number: 16/437,029
- Filed: 2019-06-11
- Published: 2019-12-19
- Granted: 2020-12-22
- Earliest claimed: 2018-06-13
- Assignees: Nuseed Global Innovation Ltd.
- Applicants: Agrisoma Biosciences Inc.
- Inventors: Rick Bennett
- Web page: https://patentgrep.com/patent/US10869437B2

## CPC

- A01H 6/20: Brassicaceae, e.g. canola, broccoli or rucola
- A01H 5/10: Seeds
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES

## Abstract

The invention is in the field of Brassica carinata breeding (i.e. Ethiopian mustard breeding), specifically relating to Brassica carinata variety AGR044-312E. The present invention relates to seeds, plants or parts thereof, cells, methods of making, and uses of this variety and its progeny.

## Claims

### Claim 1

A Brassica carinata variety AGR044-312E, representative seed of said variety having been deposited under NCIMB accession number 42996.

### Claim 2

A seed, plant, plant part or cell of Brassica carinata variety AGR044-312E, representative seed of said variety having been deposited under NCIMB accession number 42996.

### Claim 3

A Brassica carinata plant or plant part having the physiological and morphological characteristics of variety AGR044-312E, representative seed of variety DH-069.356 having been deposited under NCIMB accession number 42996.

### Claim 4

A Brassica carinata seed produced by a method comprising:
(a) crossing a plant of Brassica carinata variety AGR044-312E with a different Brassica carinata plant to produce F1 hybrid seed, representative seed of variety AGR044-312E having been deposited under NCIMB accession number 42996; and
(b) recovering the F1 hybrid seed.

### Claim 5

A method of producing a Brassica carinata variety derived from Brassica carinata variety AGR044-312E, representative seed of variety AGR044-312E having been deposited under NCIMB accession number 42996, the method comprising
(a) crossing a plant of Brassica carinata variety AGR044-312E with a different Brassica carinata plant having a desired trait to produce F1 hybrid seed; and
(b) growing the resultant F1 hybrid seed and selecting one or more F1 hybrid plants having the desired trait.

### Claim 6 (depends on 5)

The method of claim 5, further comprising the steps of
(a) backcrossing the selected F1 hybrid plants with plants of variety AGR044-312E, representative seed of variety AGR044-312E having been deposited under NCIMB accession number 42996, or with the different Brassica carinata plant having a desired trait, to produce backcross progeny seed;
(b) growing the resultant backcross progeny seed and selecting backcross progeny plants that have the desired trait; and
(c) repeating steps (a) and (b) on the selected backcross progeny plants to a maximum of 10 generations to produce a progeny Brassica carinata plant derived from Brassica carinata variety AGR044-312E, wherein the progeny Brassica carinata plant comprises the desired trait, and all the physiological and morphological characteristics of variety AGR044-312E other than the desired trait.

### Claim 7 (depends on 5)

The method of claim 5, further comprising the steps of
(a) self-pollinating the selected F1 hybrid plants to produce further progeny seed;
(b) growing the further progeny seed and selecting further progeny plants that have the desired trait; and
(c) repeating steps (a) and (b) on the selected further progeny plants to a maximum of 10 generations to produce a progeny Brassica carinata plant derived from Brassica carinata variety AGR044-312E, wherein the progeny Brassica carinata plant comprises the desired trait, and all the physiological and morphological characteristics of variety AGR044-312E other than the desired trait.

### Claim 8 (depends on 5)

An F1 hybrid plant grown from the F1 hybrid seed produced by the method of claim 5, wherein the F1 hybrid plant has the desired trait.

### Claim 9 (depends on 8)

A method for producing a Double Haploid variety comprising:
(a) isolating a flower bud of the F1 plant of claim 8;
(b) dissecting out a haploid microspore;
(c) placing the haploid microspore in culture;
(d) inducing the microspore to differentiate into an embryo and subsequently into a plantlet;
(e) identifying whether the plantlet contains a diploid chromosome number, wherein the diploid chromosome number occurred through chromosome doubling; and
(f) continuing to grow the plantlet if it contains a diploid chromosome number.

### Claim 10 (depends on 3)

A cell of a Brassica carinata plant or plant part of claim 3.

### Claim 11 (depends on 10)

A tissue culture of protoplasts or regenerable cells of the cell of claim 10.

### Claim 12 (depends on 11)

The tissue culture of protoplast or regenerable cells of claim 11, wherein the protoplasts or regenerable cells are produced from a tissue selected from the group consisting of leaves, pollen, embryos, roots, root tips, pods, flowers, ovules, and stalks.

### Claim 13 (depends on 11)

A Brassica carinata plant regenerated from the tissue culture of claim 11, wherein the plant has all the physiological and morphological characteristics of variety AGR044-312E, representative seed of variety AGR044-312E having been deposited under NCIMB accession number 42996.

### Claim 14 (depends on 2)

A method of producing a commercial plant product comprising growing the plant of claim 2 to produce a commercial crop and producing the commercial plant product from the commercial crop.

### Claim 15 (depends on 8)

A method of producing a commercial plant product comprising growing the F1 hybrid plant of claim 8 to produce a commercial crop and producing the commercial plant product from the commercial crop.

### Claim 16

A product produced from a Brassica carinata plant of variety AGR044-312E, wherein the product comprises at least one cell of said Brassica carinata variety AGR044-312E, representative seed of said variety having been deposited under NCIMB accession number 42996.

### Claim 17 (depends on 3)

A product produced from the Brassica carinata plant of claim 3, wherein the product comprises at least one cell of said Brassica carinata plant of claim 3.

### Claim 18 (depends on 8)

A product produced from the F1 hybrid plant of claim 8, wherein the product comprises at least one cell of said F1 hybrid plant of claim 8.
