# US 8,541,366 B2 · Synthetic AXMI-004 delta-endotoxin genes and methods for their use

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- Number: US 8,541,366 B2
- Document ID: US8541366B2
- Status: Granted
- Kind: B2
- Application number: 12/209,354
- Filed: 2008-09-12
- Published: 2009-04-16
- Granted: 2013-09-24
- Earliest claimed: 2007-09-14
- Assignees: Athenix Corporation
- Applicants: Nadine Carozzi; Nalini Desai; Daniel J. Tomso; Vadim Beilinson; Theodore Kahn
- Inventors: Nadine Carozzi; Nalini Desai; Daniel J. Tomso; Vadim Beilinson; Theodore Kahn
- Web page: https://patentgrep.com/patent/US8541366B2

## CPC

- C07K 14/325: Bacillus thuringiensis crystal peptides, i.e. delta-endotoxins
- C12N 15/8286: {for insect resistance}
- Y02A 40/146: Genetically Modified [GMO] plants, e.g. transgenic plants
- 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)
- C12N: MICROORGANISMS OR ENZYMES; COMPOSITIONS THEREOF; PROPAGATING, PRESERVING, OR MAINTAINING MICROORGANISMS; MUTATION OR GENETIC ENGINEERING; CULTURE MEDIA (microbiological testing media C12Q1/00)
- 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 delta-endotoxin polypeptide are provided, particularly synthetically-derived coding sequences. 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 delta-endotoxin 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:9, 11, 13, 15, or 18, or the nucleotide sequence set forth in SEQ ID NO:1, 2, 4, 6, 7, 8, 10, 12, 14, 16, or 17, as well as variants and fragments thereof.

## Claims

### Claim 1

An isolated polypeptide with pesticidal activity, selected from the group consisting of:
a) a polypeptide comprising the amino acid sequence of SEQ ID NO:11, 13, 15, or 18;
b) a polypeptide that is encoded by the nucleotide sequence of SEQ ID NO:10, 12, 14, or 17.

### Claim 2 (depends on 1)

The polypeptide of claim 1 further comprising heterologous amino acid sequences.

### Claim 3 (depends on 1)

A composition comprising the polypeptide of claim 1.

### Claim 4 (depends on 3)

The composition of claim 3, wherein said composition is selected from the group consisting of a powder, dust, pellet, granule, spray, emulsion, colloid, and solution.

### Claim 5 (depends on 3)

The composition of claim 3, wherein said composition is prepared by desiccation, lyophilization, homogenization, extraction, filtration, centrifugation, sedimentation, or concentration of a culture of Bacillus thuringiensis cells.

### Claim 6 (depends on 3)

The composition of claim 3, comprising from about 1% to about 99% by weight of said polypeptide.

### Claim 7 (depends on 1)

A method for controlling a lepidopteran or coleopteran pest population comprising contacting said population with a pesticidally-effective amount of the polypeptide of claim 1.

### Claim 8 (depends on 1)

A method for killing a lepidopteran or coleopteran pest, comprising contacting said pest with, or feeding to said pest, a pesticidally-effective amount of the polypeptide of claim 1.