# US 2014/0196175 A1 · AXMI221z, AXMI222z, AXMI223z, AXMI224z and AXMI225z DELTA-ENDOTOXIN GENES AND METHODS FOR THEIR USE

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- Number: US 2014/0196175 A1
- Document ID: US20140196175A1
- Status: Published application
- Kind: A1
- Application number: 14/207,950
- Filed: 2014-03-13
- Published: 2014-07-10
- Earliest claimed: 2010-02-18
- Assignees: Athenix Corporation
- Applicants: Athenix Corp.
- Inventors: Kimberly Sampson; Daniel Tomso
- Web page: https://patentgrep.com/patent/US20140196175A1

## CPC

- C12N 15/8286: {for insect resistance}
- A01N 37/46: N-acyl derivatives
- A01N 63/50: Isolated enzymes; Isolated proteins (peptides A01N37/46)
- C07K 14/325: Bacillus thuringiensis crystal peptides, i.e. delta-endotoxins
- C07K 16/1278: Bacillus (G)
- C12N 15/8279: {for biotic stress resistance, pathogen resistance, disease 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 and methods for conferring pesticidal activity to bacteria, plants, plant cells, tissues and seeds are provided. Compositions comprising a coding sequence for a toxin polypeptide are provided. The coding sequences can be used in DNA constructs or expression cassettes for transformation and expression in plants and bacteria. Compositions also comprise transformed bacteria, plants, plant cells, tissues, and seeds. In particular, isolated toxin nucleic acid molecules are provided. Additionally, amino acid sequences corresponding to the polynucleotides are encompassed, and antibodies specifically binding to those amino acid sequences. In particular, the present invention provides for isolated nucleic acid molecules comprising nucleotide sequences encoding the amino acid sequence shown in SEQ ID NO:21-32, or the nucleotide sequence set forth in SEQ ID NO: 1-20, as well as variants and fragments thereof.

## Claims

### Claim 1

A recombinant nucleic acid molecule comprising a nucleotide sequence encoding an amino acid sequence having pesticidal activity against a lepidopteran or a coleopteran pest, wherein said nucleotide sequence is selected from the group consisting of:
a) the nucleotide sequence set forth in any of SEQ ID NO:2, 7, 12, and 17;
b) a nucleotide sequence that encodes a polypeptide comprising the amino acid sequence of SEQ ID NO:24, 25, or 26;
c) a nucleotide sequence that encodes a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence of any of SEQ ID NO:24, 25, and 26;
and wherein said nucleotide sequence is operably linked to a heterologous promoter.

### Claim 2 (depends on 1)

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

### Claim 3 (depends on 1)

The recombinant nucleic acid molecule of claim 1, wherein said promoter is capable of directing expression of said nucleotide sequence in a plant cell.

### Claim 4 (depends on 1)

A vector comprising the recombinant nucleic acid molecule of claim 1.

### Claim 5 (depends on 4)

The vector of claim 4, further comprising a nucleic acid molecule encoding a heterologous polypeptide.

### Claim 6 (depends on 4)

A host cell that contains the vector of claim 4.

### Claim 7 (depends on 6)

The host cell of claim 6 that is a bacterial host cell.

### Claim 8 (depends on 6)

The host cell of claim 6 that is a plant cell.

### Claim 9 (depends on 8)

A transgenic plant comprising the host cell of claim 8.

### Claim 10 (depends on 9)

The transgenic plant of claim 9, wherein said plant is selected from the group consisting of maize, sorghum, wheat, cabbage, sunflower, tomato, crucifers, peppers, potato, cotton, rice, soybean, sugarbeet, sugarcane, tobacco, barley, and oilseed rape.

### Claim 11 (depends on 1)

A transgenic seed comprising the nucleic acid molecule of claim 1.

### Claim 12

A recombinant polypeptide with pesticidal activity against a lepidopteran or a coleopteran pest, selected from the group consisting of:
a) a polypeptide comprising the amino acid sequence of SEQ ID NO:27 or 28; and
b) a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence of SEQ ID NO:27 or 28.

### Claim 13 (depends on 12)

The polypeptide of claim 12 further comprising heterologous amino acid sequences.

### Claim 14 (depends on 12)

A composition comprising the polypeptide of claim 12.

### Claim 15 (depends on 14)

The composition of claim 14, wherein said composition is selected from the group consisting of a powder, dust, pellet, granule, spray, emulsion, colloid, and solution.

### Claim 16 (depends on 14)

The composition of claim 14, wherein said composition is prepared by desiccation, lyophilization, homogenization, extraction, filtration, centrifugation, sedimentation, or concentration of a culture of bacterial cells.

### Claim 17 (depends on 14)

The composition of claim 14, comprising from about 1% to about 99% by weight of said polypeptide.

### Claim 18 (depends on 12)

A method for controlling a lepidopteran, hemipteran, coleopteran, nematode, or dipteran pest population comprising contacting said population with a pesticidally-effective amount of a polypeptide of claim 12.

### Claim 19 (depends on 12)

A method for killing a lepidopteran, hemipteran, coleopteran, nematode, or dipteran pest, comprising contacting said pest with, or feeding to said pest, a pesticidally-effective amount of a polypeptide of claim 12.

### Claim 20 (depends on 6)

A method for producing a polypeptide with pesticidal activity, comprising culturing the host cell of claim 6 under conditions in which the nucleic acid molecule encoding the polypeptide is expressed.

### Claim 21

A plant or a plant cell having stably incorporated into its genome a DNA construct comprising a nucleotide sequence that encodes a protein having pesticidal activity against a lepidopteran or a coleopteran pest, wherein said nucleotide sequence is selected from the group consisting of:
a) the nucleotide sequence set forth in any of SEQ ID NO:2, 7, 12, and 17;
b) a nucleotide sequence that encodes a polypeptide comprising the amino acid sequence of any of SEQ ID NO:24, 25, and 26; and
c) a nucleotide sequence that encodes a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence of SEQ ID NO:24, 25, or 26.

### Claim 22

A method for protecting a plant from a pest, comprising expressing in a plant or cell thereof a nucleotide sequence that encodes a polypeptide having pesticidal activity against a lepidopteran or a coleopteran pest, wherein said nucleotide sequence is selected from the group consisting of:
a) the nucleotide sequence set forth in any of SEQ ID NO:2, 7, 12, and 17;
b) a nucleotide sequence that encodes a polypeptide comprising the amino acid sequence of SEQ ID NO:24, 25, or 26; and
c) a nucleotide sequence that encodes a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence of SEQ ID NO:24, 25, or 26.

### Claim 23 (depends on 22)

The method of claim 22, wherein said plant produces a pesticidal polypeptide having pesticidal activity against a lepidopteran, hemipteran, coleopteran, nematode, or dipteran pest.

### Claim 24

A method for increasing yield in a plant comprising growing in a field a plant of or a seed thereof having stably incorporated into its genome a DNA construct comprising a nucleotide sequence that encodes a protein having pesticidal activity against a lepidopteran or a coleopteran pest, wherein said nucleotide sequence is selected from the group consisting of:
a) the nucleotide sequence set forth in any of SEQ ID NO:2, 7, 12, and 17;
b) a nucleotide sequence that encodes a polypeptide comprising the amino acid sequence of SEQ ID NO:24, 25, or 26; and
c) a nucleotide sequence that encodes a polypeptide comprising an amino acid sequence having at least 95% sequence identity to the amino acid sequence of SEQ ID NO:24, 25, or 26;
wherein said field is infested with a pest against which said polypeptide has pesticidal activity, and wherein said increase in yield is relative to the yield of a plant that does not comprise the nucleotide sequence of (a), (b), or (c).
