# US 11,304,397 B2 · Hybrid tomato plant named HMC44131

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- Number: US 11,304,397 B2
- Document ID: US11304397B2
- Status: Granted
- Kind: B2
- Application number: 16/915,512
- Filed: 2020-06-29
- Published: 2021-12-30
- Granted: 2022-04-19
- Earliest claimed: 2020-06-29
- Assignees: Hm.Clause, Inc.
- Applicants: Hm.Clause, S.A.S.
- Inventors: Jocepascual Martinez
- Web page: https://patentgrep.com/patent/US11304397B2

## CPC

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

## Abstract

A novel hybrid tomato plant, designated HMC44131 is disclosed. The disclosure relates to the seeds of hybrid tomato designated HMC44131, to the plants and plant parts of hybrid tomato designated HMC44131, and to methods for producing a tomato plant by crossing the hybrid tomato HMC44131 with itself or another tomato plant.

## Claims

### Claim 1

A seed of hybrid tomato designated HMC44131, wherein a representative sample of seed of said hybrid has been deposited under NCIMB No. 43892.

### Claim 2 (depends on 1)

A tomato plant, a part thereof, or a cell thereof, produced by growing the seed of claim 1, wherein the tomato plant or a tomato plant regenerated from the part or the cell has all of the physiological and morphological characteristics of hybrid tomato designated HMC44131 when grown under the same environmental conditions.

### Claim 3 (depends on 2)

The tomato plant, the part thereof, or the cell thereof of claim 2, wherein the part is selected from the group consisting of a leaf, a flower, a fruit, a stalk, a root, a rootstock, a scion, a seed, an embryo, a peduncle, a stamen, an anther, a pistil, a pollen, an ovule, and a cell.

### Claim 4 (depends on 2)

A tissue culture of regenerable cells produced from the tomato plant or the part thereof of claim 2, wherein a tomato plant regenerated from the tissue culture has all of the physiological and morphological characteristics of hybrid tomato designated HMC44131 when grown in the same environmental conditions.

### Claim 5 (depends on 4)

A tomato plant regenerated from the tissue culture of claim 4, said plant having all of the physiological and morphological characteristics of hybrid tomato designated HMC44131 when grown under the same environmental conditions and wherein a representative sample of seed of said hybrid has been deposited under NCIMB No. 43892.

### Claim 6 (depends on 2)

A tomato fruit produced from the plant of claim 2.

### Claim 7 (depends on 2)

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

### Claim 8 (depends on 7)

A tomato fruit produced by the method of claim 7.

### Claim 9 (depends on 2)

A method for producing a tomato seed, the method comprising: (a) crossing a first tomato plant with a second tomato plant and (b) harvesting the resultant tomato seed, wherein said first tomato plant and/or second tomato plant is the tomato plant of claim 2.

### Claim 10 (depends on 2)

A method for producing a tomato seed, the method comprising: (a) self-pollinating the tomato plant of claim 2 and (b) harvesting the resultant tomato seed.

### Claim 11 (depends on 2)

A method of vegetatively propagating the tomato plant of claim 2, the method comprising: (a) collecting a part capable of being propagated from the plant of claim 2 and (b) regenerating a plant from said part.

### Claim 12 (depends on 11)

The method of claim 11, further comprising (c) harvesting a fruit from said regenerated plant.

### Claim 13 (depends on 11)

A plant obtained from the method of claim 11, wherein said plant has all of the physiological and morphological characteristics of hybrid tomato designated HMC44131 when grown under the same environmental conditions.

### Claim 14 (depends on 12)

A fruit obtained from the method of claim 12.

### Claim 15 (depends on 2)

A method of producing a tomato plant obtained from hybrid tomato designated HMC44131, the method comprising: (a) self-pollinating the tomato plant of claim 2 at least once to produce a progeny tomato plant obtained from hybrid tomato designated HMC44131.

### Claim 16 (depends on 15)

The method of claim 15, further comprising the steps of:
(b) crossing the progeny tomato plant obtained from the hybrid tomato designated HMC44131 with itself or a second tomato plant to produce a progeny seed of a subsequent generation;
(c) growing a progeny plant from the progeny seed of the subsequent generation;
(d) crossing the progeny plant of the subsequent generation with itself or a second tomato plant to produce a tomato plant derived from the hybrid tomato designated HMC44131; and
(e) repeating step (b) and (c) for at least one generation to produce a tomato plant further derived from the hybrid tomato designated HMC44131.

### Claim 17 (depends on 2)

A method of producing a tomato plant obtained from hybrid tomato designated HMC44131, the method comprising: (a) crossing the tomato plant of claim 2 with a second tomato plant to produce a progeny tomato plant obtained from hybrid tomato designated HMC44131.

### Claim 18 (depends on 17)

The method of claim 17, further comprising the steps of:
(b) crossing the progeny tomato plant obtained from the hybrid tomato plant designated HMC44131 with itself or a second tomato plant to produce a progeny seed of a subsequent generation;
(c) growing a progeny plant from the progeny seed of the subsequent generation;
(d) crossing the progeny plant of the subsequent generation with itself or a second tomato plant to produce a tomato plant derived from the tomato hybrid tomato plant designated HMC44131; and
(e) repeating step (b) and (c) to produce a tomato plant further derived from the hybrid tomato plant designated HMC44131.

### Claim 19

A method of producing a plant of hybrid tomato designated HMC44131 comprising at least one desired trait, the method comprising introducing a single locus conversion conferring the desired trait into hybrid tomato designated HMC44131 deposited under NCIMB No. 43892, whereby a plant of hybrid tomato designated HMC44131 comprising the desired trait is produced.

### Claim 20

A tomato plant designated HMC44131 further comprising a single locus conversion and otherwise all of the physiological and morphological characteristics of hybrid tomato designated HMC44131 deposited under NCIMB No. 43892.

### Claim 21 (depends on 20)

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

### Claim 22 (depends on 20)

The plant of claim 20, wherein the single locus conversion is introduced into the plant by the use of recurrent selection, mutation breeding, wherein said mutation breeding selects for a mutation that is spontaneous or artificially induced, backcrossing, pedigree breeding, haploid/double haploid production, marker-assisted selection, genetic transformation, genomic selection, Zinc finger nuclease (ZFN) technology, oligonucleotide directed mutagenesis, cisgenesis, intragenesis, RNA-dependent DNA methylation, agro-infiltration, Transcription Activation-Like Effector Nuclease (TALENs), CRISPR/Cas system, engineered meganuclease, engineered homing endonuclease, and DNA guided genome editing.

### Claim 23 (depends on 2)

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

### Claim 24 (depends on 2)

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

### Claim 25 (depends on 2)

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