# US 11,898,153 B2 · Pesticidal genes and methods of use

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- Number: US 11,898,153 B2
- Document ID: US11898153B2
- Status: Granted
- Kind: B2
- Application number: 17/398,575
- Filed: 2021-08-10
- Published: 2022-12-29
- Granted: 2024-02-13
- Earliest claimed: 2015-12-22
- Assignees: AgBiome, Inc.
- Applicants: AgBiome, Inc.
- Inventors: Jessica Parks; Kira Bulazel Roberts; Rebecca E. Thayer
- Web page: https://patentgrep.com/patent/US11898153B2

## CPC

- C12N 15/8286: {for insect resistance}
- A01N 37/46: N-acyl derivatives
- A01N 63/50: Isolated enzymes; Isolated proteins (peptides A01N37/46)
- C07K 14/195: from bacteria
- C07K 14/32: from Bacillus (G)
- C07K 14/325: Bacillus thuringiensis crystal peptides, i.e. delta-endotoxins
- C12N 15/8261: {with agronomic (input) traits, e.g. crop yield}
- C12N 15/8285: {for nematode resistance}
- Y02A 40/146: Genetically Modified [GMO] plants, e.g. transgenic plants
- C12N: MICROORGANISMS OR ENZYMES; COMPOSITIONS THEREOF; PROPAGATING, PRESERVING, OR MAINTAINING MICROORGANISMS; MUTATION OR GENETIC ENGINEERING; CULTURE MEDIA (microbiological testing media C12Q1/00)
- A01N: PRESERVATION OF BODIES OF HUMANS OR ANIMALS OR PLANTS OR PARTS THEREOF (preservation of food or foodstuff A23); BIOCIDES, e.g. AS DISINFECTANTS, AS PESTICIDES OR AS HERBICIDES (preparations for medical, dental or toiletry purposes which kill or prevent the growth or proliferation of unwanted organisms A61K); PEST REPELLANTS OR ATTRACTANTS; PLANT GROWTH REGULATORS
- C07K: PEPTIDES (peptides in foodstuffs A23; obtaining protein compositions for foodstuffs, working-up proteins for foodstuffs A23J; preparations for medicinal purposes A61K; peptides containing beta-lactam rings C07D; cyclic dipeptides not having in their molecule any other peptide link than those which form their ring, e.g. piperazine-2,5-diones, C07D; ergot alkaloids of the cyclic peptide type C07D519/02; macromolecular compounds having statistically distributed amino acid units in their molecules, i.e. when the preparation does not provide for a specific; but for a random sequence of the amino acid units, homopolyamides and block copolyamides derived from amino acids C08G69/00; macromolecular products derived from proteins C08H1/00; preparation of glue or gelatine C09H; single cell proteins, enzymes C12N; genetic engineering processes for obtaining peptides C12N15/00; compositions for measuring or testing processes involving enzymes C12Q; investigation or analysis of biological material G01N33/00)
- Y02A: TECHNOLOGIES FOR ADAPTATION TO CLIMATE CHANGE

## Abstract

Compositions having pesticidal activity and methods for their use are provided. Compositions include isolated and recombinant polypeptides having pesticidal activity, recombinant and synthetic nucleic acid molecules encoding the polypeptides, DNA constructs and vectors comprising the nucleic acid molecules, host cells comprising the vectors, and antibodies to the polypeptides. Polynucleotide sequences encoding the polypeptides can be used in DNA constructs or expression cassettes for transformation and expression in organisms of interest. The compositions and methods provided are useful for producing organisms with enhanced pest resistance or tolerance. Transgenic plants and seeds comprising a nucleotide sequence that encodes a pesticidal protein of the invention are also provided. Such plants are resistant to insects and other pests. Methods are provided for producing the various polypeptides disclosed herein, and for using those polypeptides for controlling or killing a pest. Methods and kits for detecting polypeptides of the invention in a sample are also included.

## Claims

### Claim 1

A recombinant nucleic acid molecule encoding a polypeptide comprising
an amino acid sequence having at least 95% sequence identity to the amino acid sequence set forth in SEQ ID NO: 9, wherein the polypeptide has pesticidal activity; and
wherein said recombinant nucleic acid molecule is not a naturally occurring sequence encoding said polypeptide.

### Claim 2 (depends on 1)

The recombinant nucleic acid of claim 1, wherein said nucleic acid molecule is a synthetic sequence designed for expression in a plant.

### Claim 3 (depends on 1)

A host cell comprising the recombinant nucleic acid molecule of claim 1.

### Claim 4 (depends on 3)

The host cell of claim 3, wherein said host cell is a bacterial host cell or a plant cell.

### Claim 5

A DNA construct comprising a heterologous promoter operably linked to a nucleic acid molecule comprising a nucleotide sequence that encodes a polypeptide comprising
an amino acid sequence having at least 95% sequence identity to the amino acid sequence set forth in SEQ ID NO: 9.

### Claim 6 (depends on 5)

The DNA construct of claim 5, wherein the promoter drives expression in a plant cell or in a bacterial cell.

### Claim 7 (depends on 5)

The DNA construct of claim 5, wherein said nucleotide sequence is a synthetic DNA sequence designed for expression in a plant.

### Claim 8 (depends on 5)

A vector comprising the DNA construct of claim 5.

### Claim 9 (depends on 5)

A host cell comprising the DNA construct of claim 5.

### Claim 10 (depends on 9)

A method for producing a polypeptide with pesticidal activity comprising culturing the host cell of claim 9 under conditions in which the nucleic acid molecule encoding the polypeptide is expressed.

### Claim 11

A plant having stably incorporated into its genome a DNA construct comprising a nucleic acid molecule that encodes a polypeptide having pesticidal activity, wherein said nucleic acid molecule comprises
a nucleotide sequence that encodes a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence set forth in SEQ ID NO: 9, wherein the polypeptide has pesticidal activity.

### Claim 12 (depends on 11)

A transgenic seed of the plant of claim 11, wherein said seed has stably incorporated into its genome the DNA construct.

### Claim 13 (depends on 11)

The plant of claim 11, wherein said pesticidal activity controls a lepidopteran pest, a hemipteran pest, or a coleopteran pest.

### Claim 14 (depends on 11)

The plant of claim 11, wherein the plant is a monocot.

### Claim 15 (depends on 11)

The plant of claim 11, wherein the plant is a dicot.

### Claim 16 (depends on 14)

The plant of claim 14, wherein the plant is corn, sorghum, wheat, rice, sugarcane, barley, oats, rye, millet, coconut, pineapple or banana.

### Claim 17 (depends on 15)

The plant of claim 15, wherein the plant is sunflower, tomato, crucifers, peppers, potato, cotton, soybean, sugarbeet, tobacco, oilseed rape, sweet potato, alfalfa, safflower, peanuts, cassava, coffee, cocoa, cucumber, lettuce, olive, peas, or tea.

### Claim 18

A method for protecting a plant from an insect pest, comprising expressing in a plant or cell thereof a nucleic acid molecule that encodes a pesticidal polypeptide, wherein said nucleic acid molecule comprises
a nucleotide sequence that encodes a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence set forth in SEQ ID NO: 9, wherein the polypeptide has pesticidal activity.

### Claim 19 (depends on 18)

The method of claim 18, wherein protecting said plant or cell thereof comprises controlling insect pest damage to said plant.

### Claim 20 (depends on 18)

The method of claim 18, wherein said plant or cell thereof produces a pesticidal polypeptide having pesticidal activity against at least one of a lepidopteran pest, a coleopteran pest, or a hemipteran pest.

### Claim 21

A method for increasing yield in a plant comprising growing in a field a plant or seed thereof having stably incorporated into its genome a DNA construct comprising a promoter that drives expression in a plant operably linked to a nucleic acid molecule that encodes a pesticidal polypeptide, wherein said nucleic acid molecule comprises
a nucleotide sequence that encodes a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence set forth in SEQ ID NO: 9, wherein the polypeptide has pesticidal activity.

### Claim 22 (depends on 1)

The recombinant nucleic acid molecule of claim 1, wherein the nucleic acid molecule encodes a polypeptide comprising the amino acid sequence set forth in SEQ ID NO: 9.

### Claim 23 (depends on 5)

The DNA construct of claim 5, wherein the nucleotide sequence encodes a polypeptide comprising the amino acid sequence set forth in SEQ ID NO: 9.

### Claim 24 (depends on 11)

The plant of claim 11, wherein the polypeptide comprises the amino acid sequence set forth in SEQ ID NO: 9.

### Claim 25 (depends on 18)

The method of claim 18, wherein the pesticidal polypeptide comprises the amino acid sequence set forth in SEQ ID NO: 9.

### Claim 26 (depends on 21)

The method of claim 21, wherein the pesticidal polypeptide comprises the amino acid sequence set forth in SEQ ID NO: 9.
