# US 11,109,561 B2 · Tomato variety NUN 09261 TOF

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- Number: US 11,109,561 B2
- Document ID: US11109561B2
- Status: Granted
- Kind: B2
- Application number: 16/690,262
- Filed: 2019-11-21
- Published: 2020-04-02
- Granted: 2021-09-07
- Earliest claimed: 2018-11-21
- Assignees: Nunhems B.V.
- Applicants: Nunhems B.V.
- Inventors: Ben Silvertand
- Web page: https://patentgrep.com/patent/US11109561B2

## CPC

- A01H 6/825: {Solanum lycopersicum [tomato]}
- A01H 5/08: Fruits
- A01H 5/10: Seeds
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES

## Abstract

A hybrid tomato variety NUN 09261 TOF as well as seeds and plants and fruits thereof are disclosed. NUN 09261 TOF is a large, round intense tomato variety for the fresh market, comprising resistance to Verticillium dahliae, Fusarium oxysporum f.sp. lycopersici (Fol) Race 0 and Race 1, Fusarium oxysporum f.sp. Radicis lycopersici (Forl), and Tomato Mosaic Virus (ToMV) Strains 0, 1, and 2.

## Claims

### Claim 1

A plant, plant part, or seed of tomato variety NUN 09261 TOF, wherein a representative sample of seed of said variety is deposited under Accession Number NCIMB 43641.

### Claim 2 (depends on 1)

The plant part of claim 1, wherein said plant part is a fruit, a leaf, pollen, an ovule, a cell, a scion, a root, a rootstock, a cutting, or a flower.

### Claim 3 (depends on 1)

A seed that produces the plant of claim 1.

### Claim 4 (depends on 1)

A plant produced by growing the seed of claim 1.

### Claim 5 (depends on 1)

A tomato plant or a part thereof having all of the physiological and morphological characteristics of the plant of claim 1.

### Claim 6 (depends on 1)

A tomato plant or a part thereof which does not differ from the plant of claim 1 in any of the characteristics of tomato variety NUN 09261 TOF when grown under the same environmental conditions, and wherein a representative sample of seed of tomato variety NUN 09261 TOF is deposited under Accession Number NCIMB 43641.

### Claim 7 (depends on 1)

A tissue or cell culture comprising regenerable cells of the plant or plant part of claim 1.

### Claim 8 (depends on 7)

The tissue or cell culture according to claim 7, comprising cells or protoplasts from a plant part suitable for vegetative reproduction, wherein the plant part is a meristem, a cotyledon, a hypocotyl, pollen, a leaf, an anther, a root, a root tip, a pistil, a petiole, a flower, a fruit, a stem, or a stalk.

### Claim 9 (depends on 7)

A tomato plant regenerated from the tissue or cell culture of claim 7, wherein the plant has all of the physiological and morphological characteristics of the plant of variety NUN 09261 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43641.

### Claim 10 (depends on 1)

A method of producing the plant of claim 1 or a part thereof, said method comprising vegetative propagating at least a part of the plant of variety NUN 09261 TOF, wherein a representative sample of seed of said variety is deposited under Accession Number NCIMB 43641.

### Claim 11 (depends on 10)

The method of claim 10, wherein said vegetative propagating comprises regenerating a whole plant from the part of the plant of variety NUN 09261 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43641.

### Claim 12 (depends on 10)

The method of claim 10, wherein said part is a cutting, a cell culture, or a tissue culture.

### Claim 13 (depends on 10)

A vegetative propagated plant, or part thereof produced by the method of claim 10, wherein the vegetative propagated plant and part thereof have all of the physiological and morphological characteristics of tomato variety NUN 09261 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43641.

### Claim 14 (depends on 1)

A method of producing a tomato plant, said method comprising crossing the plant of claim 1 with a second tomato plant one or more times, selecting a progeny tomato plant from said crossing and optionally allowing the progeny tomato plant to form seed.

### Claim 15 (depends on 1)

A method of producing a tomato plant, said method comprising selfing the plant of claim 1 one or more times, and selecting a progeny tomato plant from said selling and optionally allowing the progeny tomato plant to form seed.

### Claim 16 (depends on 1)

A method of introducing a desired trait into the plant of claim 1, said method comprising transforming the plant of claim 1 with a transgene that confers the desired trait, wherein the desired trait is color, size, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, environmental stress tolerance, modified carbohydrate metabolism, or modified protein metabolism.

### Claim 17 (depends on 16)

A tomato plant produced by the method of claim 16, wherein the transformed plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09261 TOF and contains the desired trait.

### Claim 18 (depends on 1)

A method of producing doubled haploid cells of the plant of claim 1, said method comprising making double haploid cells from haploid cells from the plant or plant part of tomato variety NUN 09261 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43641.

### Claim 19 (depends on 2)

A plant comprising the scion or rootstock of claim 2.

### Claim 20 (depends on 1)

A container comprising the plant, plant part, or seed of claim 1.

### Claim 21 (depends on 1)

A method of producing a tomato fruit, said method comprising growing the plant of claim 1 until it sets at least one fruit, and collecting the fruit.

### Claim 22 (depends on 21)

A fruit produced by the method of claim 21, wherein the fruit has all of the physiological and morphological characteristics of tomato variety NUN 09261 TOF, a representative sample of seed of tomato is deposited under Accession Number NCIMB 43641.

### Claim 23

A method of producing a modified tomato plant having a single trait, said method comprises mutating the tomato plant or plant part of variety NUN 09261 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number 43641, and wherein the modified plant has otherwise all of the physiological and morphological characteristics of tomato variety NUN 09261 TOF, and the single trait, wherein the trait is male sterility, herbicide tolerance, pest resistance, environmental stress resistance, modified carbohydrate metabolism, or modified protein metabolism.

### Claim 24 (depends on 1)

A method of determining the genotype of the plant of claim 1, said method comprising obtaining a sample of nucleic acids from said plant, detecting in said nucleic acids a plurality of polymorphisms, thereby determining the genotype of the plant, and storing the results of detecting the plurality of polymorphisms on a computer readable medium.

### Claim 25 (depends on 1)

A method of producing a tomato plant, said method comprises crossing tomato plants and harvesting the resultant seed, wherein at least one tomato plant is the plant of claim 1, wherein a representative sample of seed of tomato variety NUN 09261 TOF is deposited under Accession Number NCIMB 43641.

### Claim 26 (depends on 1)

A method of introducing a single locus conversion into the plant of claim 1, comprising:
a. crossing the plant of claim 1 with a second tomato plant comprising a desired single locus to produce F1 progeny plants;
b. selecting F1 progeny plants that have the single locus to produce selected F1 progeny plants;
c. crossing selected F1 progeny plants with tomato variety NUN 09261 TOF to produce backcross progeny plants;
d. selecting backcross progeny plants that have the single locus conversion and otherwise comprise all of the physiological and morphological characteristics of the tomato variety NUN 09261 TOF to produce selected backcross progeny plants; and
e. repeating steps (c) and (d) one or more times in succession to produce selected second or higher backcross progeny plants that comprise the single locus and otherwise comprise all of the physiological and morphological characteristics of the tomato variety NUN 09261 TOF, wherein a representative sample of seed of said tomato variety has been deposited under Accession Number NCIMB 43641.

### Claim 27 (depends on 26)

The method of claim 26, wherein the single locus confers male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, environmental stress tolerance, modified carbohydrate metabolism, or modified protein metabolism.

### Claim 28 (depends on 26)

A tomato plant produced by the method of claim 26, wherein the plant otherwise has all of the physiological and morphological characteristics of the plant of tomato variety NUN 09261 TOF, further comprising the single locus conversion.

### Claim 29 (depends on 1)

A method of producing a tomato plant derived from the plant of claim 1, comprising:
a. preparing a progeny tomato plant derived from tomato variety NUN 09261 TOF by crossing the plant of claim 1 with itself or with a second tomato plant;
b. crossing the progeny plant with itself or a second tomato plant to produce seed of a progeny plant of a subsequent generation;
c. growing a progeny plant of the subsequent generation from said seed and crossing the progeny plant of the subsequent generation with itself or a second tomato plant; and
d. repeating steps (b) and (c) for at least one more generation to produce a tomato plant derived from tomato variety NUN 09261 TOF.