# US 11,026,394 B2 · Pepper line SBY-E717-0866

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- Number: US 11,026,394 B2
- Document ID: US11026394B2
- Status: Granted
- Kind: B2
- Application number: 16/523,537
- Filed: 2019-07-26
- Published: 2021-01-28
- Granted: 2021-06-08
- Earliest claimed: 2019-07-26
- Assignees: Seminis Vegetable Seeds, Inc.
- Applicants: Seminis Vegetable Seeds, Inc.
- Inventors: William McCarthy
- Web page: https://patentgrep.com/patent/US11026394B2

## CPC

- A01H 6/822: {Capsicum sp. [pepper]}
- A01H 5/08: Fruits
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES

## Abstract

The invention provides seeds and plants of pepper line SBY-E717-0866. The invention thus relates to the plants, seeds, plant parts, and tissue cultures of pepper line SBY-E717-0866 and to methods for producing a pepper plant produced by crossing such plants with themselves or with another plant, such as a pepper plant of another genotype. The invention further relates to seeds and plants produced by such crossing. The invention further relates to plants, seeds, plant parts, and tissue cultures of and pepper line SBY-E717-0866 comprising introduced beneficial or desirable traits.

## Claims

### Claim 1

A pepper plant comprising at least a first set of the chromosomes of pepper line SBY-E717-0866, a sample of seed of said line having been deposited under ATCC Accession Number PTA-125759.

### Claim 2 (depends on 1)

A pepper seed that produces the plant of claim 1.

### Claim 3 (depends on 1)

The plant of claim 1, wherein the plant is a plant of said pepper line SBY-E717-0866.

### Claim 4 (depends on 1)

The plant of claim 1, wherein the plant is a plant of pepper hybrid SVPB7331.

### Claim 5 (depends on 2)

The seed of claim 2, wherein the seed is a seed of said pepper line SBY-E717-0866.

### Claim 6 (depends on 2)

The seed of claim 2, wherein the seed is a seed of pepper hybrid SVPB7331.

### Claim 7 (depends on 1)

A plant part of the plant of claim 1, wherein the plant part comprises a cell of said plant.

### Claim 8 (depends on 1)

A pepper plant having all the physiological and morphological characteristics of the plant of claim 1.

### Claim 9 (depends on 1)

A tissue culture of regenerable cells of the plant of claim 1.

### Claim 10 (depends on 1)

A method of vegetatively propagating the plant of claim 1, the method comprising the steps of:
(a) collecting tissue capable of being propagated from the plant of claim 1; and
(b) propagating a pepper plant from said tissue.

### Claim 11 (depends on 1)

A method of introducing a trait into a pepper line, the method comprising:
(a) utilizing as a recurrent parent the plant of claim 1 by crossing said plant with a donor plant that comprises a trait to produce F1 progeny;
(b) selecting an F1 progeny that comprises the trait;
(c) backcrossing the selected F1 progeny with a plant of the same line used as the recurrent parent in step (a) to produce backcross progeny;
(d) selecting a backcross progeny comprising the trait and the morphological and physiological characteristics of the recurrent parent line used in step (a); and
(e) repeating steps (c) and (d) three or more times to produce a selected fourth or higher backcross progeny.

### Claim 12 (depends on 11)

A pepper plant produced by the method of claim 11.

### Claim 13 (depends on 1)

A method of producing a pepper plant comprising an added trait, the method comprising: introducing a transgene conferring the trait into the plant of claim 1.

### Claim 14 (depends on 13)

A pepper plant produced by the method of claim 13.

### Claim 15

A pepper plant comprising at least a first set of the chromosomes of pepper line SBY-E717-0866, a sample of seed of said line having been deposited under ATCC Accession Number PTA-125759, further comprising a transgene.

### Claim 16 (depends on 15)

The plant of claim 15, wherein the transgene confers a trait selected from the group consisting of male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, modified fatty acid metabolism, environmental stress tolerance, modified carbohydrate metabolism, and modified protein metabolism.

### Claim 17

A pepper plant comprising at least a first set of the chromosomes of pepper line SBY-E717-0866, a sample of seed of said line having been deposited under ATCC Accession Number PTA-125759, further comprising a single locus conversion.

### Claim 18 (depends on 17)

The plant of claim 17, wherein the single locus conversion confers a trait selected from the group consisting of male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, modified fatty acid metabolism, environmental stress tolerance, modified carbohydrate metabolism, and modified protein metabolism.

### Claim 19 (depends on 1)

A method for producing a seed of a pepper plant derived from at least one of pepper hybrid SVPB7331 or pepper line SBY-E717-0866, the method comprising the steps of:
(a) crossing the plant of claim 1 with itself or a second pepper plant; and
(b) allowing a seed of a hybrid SVPB7331- or pepper line SBY-E717-0866-derived pepper plant to form.

### Claim 20 (depends on 1)

A method of producing a seed of a pepper hybrid SVPB7331- or pepper line SBY-E717-0866-derived pepper plant, the method comprising the steps of:
(a) producing a pepper hybrid SVPB7331- or pepper line SBY-E717-0866-derived pepper plant from a seed produced by crossing the plant of claim 1 with itself or a different pepper plant; and
(b) crossing the pepper hybrid SVPB7331- or pepper line SBY-E717-0866-derived pepper plant with itself or a different pepper plant to obtain a seed of a further pepper hybrid SVPB7331- or pepper line SBY-E717-0866-derived pepper plant.

### Claim 21 (depends on 20)

The method of claim 20, the method further comprising: repeating said producing and crossing steps of (a) and (b) using the seed from said step (b) for producing the plant according to step (a) for at least one generation to produce a seed of an additional pepper hybrid SVPB7331- or pepper line SBY-E717-0866-derived pepper plant.

### Claim 22 (depends on 1)

A method of producing a pepper fruit, the method comprising:
(a) obtaining the plant of claim 1, wherein the plant has been cultivated to maturity; and
(b) collecting a pepper fruit from the plant.
