# US 11,076,567 B2 · Hybrid tomato STM11238

> Agents: this data is available as JSON from the patentgrep API and MCP server — see https://patentgrep.com/llms.txt

- Number: US 11,076,567 B2
- Document ID: US11076567B2
- Status: Granted
- Kind: B2
- Application number: 16/541,115
- Filed: 2019-08-14
- Published: 2021-02-18
- Granted: 2021-08-03
- Earliest claimed: 2019-08-14
- Assignees: Sakata Seed America, Inc.
- Applicants: Sakata Seed America, Inc.
- Inventors: Juan M. Quintana; David Wolff
- Web page: https://patentgrep.com/patent/US11076567B2

## CPC

- A01H 6/825: {Solanum lycopersicum [tomato]}
- A01H 5/08: Fruits
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES

## Abstract

One embodiment relates to seed and plants of tomato hybrid STM11238. Another embodiment relates to the plants, seeds and tissue cultures of tomato hybrid STM11238, and to methods for producing a tomato plant produced by crossing such plants with themselves, with another tomato plant, such as a plant of another genotype, or with vegetatively propagating said plant. Another embodiment further relates to seeds and plants produced by such crossing. Further embodiments relate to parts of such plants, including the fruit and gametes of such plants.

## Claims

### Claim 1

A seed of hybrid tomato plant designated STM11238, a sample of seed of said hybrid tomato STM11238 having been deposited under NCIMB No. 43632.

### Claim 2 (depends on 1)

A tomato plant produced from the seed of claim 1.

### Claim 3 (depends on 2)

A plant part of the plant of claim 2, wherein said part is a cell, pollen, leaf, ovule, anther, cotyledon, hypocotyl, pistil, root, root tip, flower, fruit, petiole, or stem.

### Claim 4 (depends on 2)

A tissue culture produced from protoplasts or cells from the plant of claim 2, wherein said cells or protoplasts are produced from a plant part selected from the group consisting of leaf, pollen, ovule, cotyledon, hypocotyl, meristematic cell, callus, root, root tip, pistil, anther, flower, fruit, shoot, stem, and petiole.

### Claim 5 (depends on 4)

A tomato plant produced from the tissue culture of claim 4, having all of the physiological and morphological characteristics of hybrid tomato STM11238.

### Claim 6 (depends on 2)

A method of vegetatively propagating the tomato plant of claim 2, comprising the steps of:
(a) collecting tissue capable of being propagated from the plant according to claim 2;
(b) cultivating said tissue to obtain proliferated shoots; and
(c) rooting said proliferated shoots to obtain rooted plantlets.

### Claim 7 (depends on 6)

The method of claim 6, further comprising growing at least a first tomato plant from said rooted plantlets.

### Claim 8 (depends on 2)

A method of producing a tomato plant comprising a desired trait, the method comprising introducing a transgene by genetic transformation to confer the trait into the plant of claim 2.

### Claim 9 (depends on 8)

A tomato plant produced by the method of claim 8.

### Claim 10 (depends on 9)

The plant of claim 9, wherein the transgene confers a trait selected from the group consisting of male sterility, herbicide tolerance, insect tolerance, pest tolerance, disease tolerance, modified fatty acid metabolism, environmental stress tolerance, and modified carbohydrate metabolism.

### Claim 11 (depends on 9)

The plant of claim 9, wherein the trait is herbicide tolerance and wherein said herbicide tolerance is conferred to an herbicide selected from the group consisting of imidazolinone, sulfonylurea, glyphosate, glufosinate, L-phosphinothricin, triazine and benzonitrile.

### Claim 12 (depends on 9)

The plant of claim 9, wherein the trait is insect tolerance and wherein said insect tolerance is conferred by a transgene encoding a Bacillus thuringiensis endotoxin.

### Claim 13

A method for producing a seed of a tomato plant derived from tomato hybrid STM11238, comprising the steps of:
(a) crossing a tomato plant of hybrid STM11238 with itself or a second tomato plant, a sample of seed of said hybrid having been deposited under NCIMB No. 43632; and
(b) allowing seed of a hybrid STM11238-derived tomato plant to form.

### Claim 14 (depends on 13)

The method of claim 13, further comprising the steps of:
(c) selfing a plant grown from said hybrid STM11238-derived tomato seed to yield additional hybrid STM11238-derived tomato seed;
(d) growing said additional hybrid STM11238-derived tomato seed of step (c) to yield additional hybrid STM11238-derived tomato plants; and
(e) repeating the selfing and growing steps of (c) and (d) to generate at least a first further hybrid STM11238-derived tomato plant.

### Claim 15 (depends on 14)

The method of claim 14, further comprising:
(f) crossing the further hybrid STM11238-derived tomato plant with a second tomato plant to produce seed of a hybrid progeny plant.

### Claim 16 (depends on 2)

A method of producing a tomato fruit, comprising:
(a) obtaining the plant according to claim 2, wherein the plant has been cultivated to maturity; and
(b) collecting a tomato fruit from said plant.

### Claim 17 (depends on 15)

The method of claim 15, wherein said second tomato plant is an inbred tomato line.

### Claim 18 (depends on 2)

A plant part of the plant of claim 2, wherein the plant part comprises a cell of said hybrid tomato STM11238.

### Claim 19 (depends on 2)

A method for developing a tomato plant in a plant breeding program, comprising applying plant breeding techniques to the plant, or plant part thereof, of claim 2, comprising crossing, recurrent selection, mutation breeding, wherein said mutation breeding selects for a mutation that is spontaneous or artificially induced, backcrossing, pedigree breeding, marker enhanced selection, haploid/double haploid production, or transformation to the tomato plant of claim 2, or its parts, wherein application of said techniques results in development of a tomato plant.

### Claim 20 (depends on 2)

A method of introducing a mutation into the genome of tomato plant STM11238, said method comprising mutagenesis of the plant, or plant part thereof, of claim 2, wherein said mutagenesis is selected from the group consisting of temperature, long-term seed storage, tissue culture conditions, ionizing radiation, chemical mutagens, or targeting induced local lesions in genomes, and wherein the resulting plant comprises at least one genome mutation.

### Claim 21 (depends on 2)

A method of editing the genome of tomato plant STM11238, said method comprising editing the genome of the plant, or plant part thereof, of claim 2, wherein said method is selected from the group comprising zinc finger nucleases, transcription activator-like effector nucleases (TALENs), engineered homing endonucleases/meganucleases, and the clustered regularly interspaced short palindromic repeat (CRISPR)-associated protein9 (Cas9) system.

### Claim 22 (depends on 21)

A tomato plant produced by the method of claim 21, wherein said plant otherwise has all of the morphological and physiological characteristics of tomato plant STM11238.