# US 10,945,392 B2 · Hybrid cantaloupe plant named HM8970

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- Number: US 10,945,392 B2
- Document ID: US10945392B2
- Status: Granted
- Kind: B2
- Application number: 16/518,027
- Filed: 2019-07-22
- Published: 2021-01-28
- Granted: 2021-03-16
- Earliest claimed: 2019-07-22
- Assignees: Hm.Clause, Inc.
- Applicants: Hm.Clause, Inc.
- Inventors: Bill Copes
- Web page: https://patentgrep.com/patent/US10945392B2

## CPC

- A01H 5/10: Seeds
- A01H 5/08: Fruits
- A01H 6/344: {Cucumis melo [melon]}
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES

## Abstract

A novel hybrid cantaloupe plant, designated HM8970 is disclosed. The invention relates to the seeds of cantaloupe hybrid HM8970, to the plants and plant parts of hybrid cantaloupe HM8970, and to methods for producing a cantaloupe plant by crossing the hybrid cantaloupe HM8970 with itself or another cantaloupe plant.

## Claims

### Claim 1

A seed of hybrid cantaloupe designated HM8970, wherein a representative sample of seed of said hybrid has been deposited under NCIMB No. 43678.

### Claim 2 (depends on 1)

A cantaloupe plant, a plant part thereof, or a plant cell thereof, produced by growing the seed of claim 1, wherein the cantaloupe plant, or a cantaloupe plant regenerated from said plant part or plant cell has all of the physiological and morphological characteristics of hybrid cantaloupe plant HM8970 deposited under NCIMB No. 43678 when grown under the same environmental conditions.

### Claim 3 (depends on 2)

The cantaloupe plant part, or a plant cell thereof of claim 2, wherein the cantaloupe part is selected from the group consisting of a leaf, a flower, a fruit, a cell, a rootstock, and a scion.

### Claim 4

A cantaloupe plant or a plant part, or a plant cell thereof having all of the physiological and morphological characteristics of hybrid cantaloupe plant HM8970 deposited under NCIMB No. 43678 when grown under the same environmental conditions.

### Claim 5 (depends on 2)

A tissue culture of regenerable cells produced from the plant or plant part of claim 2, wherein a plant regenerated from the tissue culture has all of the physiological and morphological characteristics of hybrid cantaloupe plant HM8970 deposited under NCIMB No. 43678 when grown in the same environmental conditions.

### Claim 6 (depends on 5)

A cantaloupe plant regenerated from the tissue culture of claim 5, said plant having all the physiological and morphological characteristics of hybrid cantaloupe plant HM8970 deposited under NCIMB No. 43678 when grown under the same environmental conditions.

### Claim 7 (depends on 2)

A cantaloupe fruit produced from the plant of claim 2.

### Claim 8 (depends on 2)

A method for harvesting a cantaloupe fruit, the method comprising (a) growing the cantaloupe plant of claim 2 to produce a cantaloupe fruit, and (b) harvesting said cantaloupe fruit.

### Claim 9 (depends on 8)

An F1 cantaloupe fruit produced by the method of claim 8.

### Claim 10 (depends on 2)

A method for producing a cantaloupe seed, the method comprising crossing a first parent cantaloupe plant with a second parent cantaloupe plant and harvesting the resultant cantaloupe seed, wherein said first parent cantaloupe plant and/or second parent cantaloupe plant is the cantaloupe plant of claim 2.

### Claim 11 (depends on 2)

A method for producing a cantaloupe seed, the method comprising self-pollinating the cantaloupe plant of claim 2 and harvesting the resultant cantaloupe seed.

### Claim 12 (depends on 2)

A method of vegetatively propagating the cantaloupe plant of claim 2, the method comprising (a) collecting part of the plant of claim 2 and (b) regenerating a plant from said part.

### Claim 13 (depends on 12)

The method of claim 12, further comprising harvesting a fruit from said plant.

### Claim 14 (depends on 12)

A plant obtained from the method of claim 12, wherein said plant has all of the physiological and morphological characteristics of hybrid cantaloupe plant HM8970 deposited under NCIMB No. 43678 when grown under the same environmental conditions.

### Claim 15 (depends on 13)

A fruit obtained from the method of claim 13, wherein said fruit has all of the physiological and morphological characteristics of fruit of hybrid cantaloupe plant HM8970 deposited under NCIMB No. 43678.

### Claim 16 (depends on 2)

A method of producing a cantaloupe plant derived from the hybrid cantaloupe plant HM8970, the method comprising: (a) self-pollinating the plant of claim 2 at least once to produce a progeny plant derived from the hybrid cantaloupe plant HM8970.

### Claim 17 (depends on 16)

The method of claim 16, further comprising the steps of:
(b) crossing the progeny plant derived from the hybrid cantaloupe plant HM8970 with itself or a second cantaloupe plant to produce a seed of progeny plant of subsequent generation;
(c) growing the progeny plant of the subsequent generation from the seed;
(d) crossing the progeny plant of the subsequent generation with itself or a second cantaloupe plant to produce a cantaloupe plant derived from the hybrid cantaloupe plant HM8970; and
(e) repeating step (b) and/or (c) for at least one generation to produce a cantaloupe plant derived from the hybrid cantaloupe plant HM8970.

### Claim 18 (depends on 2)

A method of producing a cantaloupe plant derived from the hybrid cantaloupe plant HM8970, the method comprising: (a) crossing the plant of claim 2 with a second cantaloupe plant to produce a progeny plant.

### Claim 19 (depends on 18)

The method of claim 18, further comprising the steps of:
(b) crossing the progeny plant derived from the hybrid cantaloupe plant HM18970 with itself or a second cantaloupe plant to produce a seed of progeny plant of subsequent generation;
(c) growing the progeny plant of the subsequent generation from the seed;
(d) crossing the progeny plant of the subsequent generation with itself or a second cantaloupe plant to produce a cantaloupe plant derived from the cantaloupe hybrid cantaloupe plant HM8970; and
(e) repeating step (b) and/or (c) to produce a cantaloupe plant derived from the hybrid cantaloupe plant HM8970.

### Claim 20

A cantaloupe plant, wherein said cantaloupe plant comprises a single locus conversion and otherwise essentially all of the physiological and morphological characteristics of hybrid cantaloupe plant HM8970 deposited under NCIMB No. 43678 when grown under the same environmental conditions.

### Claim 21 (depends on 20)

The plant of claim 20, wherein the single locus conversion confers said plant herbicide resistance.

### Claim 22 (depends on 20)

The plant of claim 20, wherein the single locus conversion is an artificially mutated gene or nucleotide sequence.

### Claim 23 (depends on 20)

The plant of claim 20, wherein the single locus conversion is a gene that has been modified through the use of a New Breeding Technique.

### Claim 24 (depends on 2)

A method of producing a cantaloupe plant, the method comprising grafting a rootstock or a scion of the hybrid cantaloupe plant of claim 2 to another cantaloupe plant.

### Claim 25 (depends on 2)

A method for producing nucleic acids, the method comprising isolating nucleic acids from the plant of claim 2, or a plant part, or a plant cell thereof.

### Claim 26 (depends on 2)

A method for producing a second cantaloupe plant, the method comprising applying plant breeding techniques to the plant or plant part of claim 2 to produce the second cantaloupe plant.