# US 8,772,577 B2 · Bacillus thuringiensis gene with lepidopteran activity

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- Number: US 8,772,577 B2
- Document ID: US8772577B2
- Status: Granted
- Kind: B2
- Application number: 12/943,085
- Filed: 2010-11-10
- Published: 2011-05-12
- Granted: 2014-07-08
- Earliest claimed: 2009-11-12
- Assignees: Pioneer Hi-Bred International, Inc.
- Applicants: Andre R Abad; Hua Dong; Sue B Lo; Xiaomei Shi; Thomas Chad Wolfe
- Inventors: Andre R Abad; Hua Dong; Sue B Lo; Xiaomei Shi; Thomas Chad Wolfe
- Web page: https://patentgrep.com/patent/US8772577B2

## CPC

- C12N 15/8286: {for insect resistance}
- A01N 63/50: Isolated enzymes; Isolated proteins (peptides A01N37/46)
- C07K 14/325: Bacillus thuringiensis crystal peptides, i.e. delta-endotoxins
- A01N 37/46: N-acyl derivatives
- 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

The invention provides nucleic acids, and variants and fragments thereof, obtained from strains of Bacillus thuringiensis encoding polypeptides having pesticidal activity against insect pests, including Lepidoptera. Particular embodiments of the invention provide isolated nucleic acids encoding pesticidal proteins, pesticidal compositions, DNA constructs, and transformed microorganisms and plants comprising a nucleic acid of the embodiments. These compositions find use in methods for controlling pests, especially plant pests.

## Claims

### Claim 1

A DNA construct comprising a nucleic acid molecule operably linked to a heterologous promoter, wherein the nucleic acid molecule is selected from the group consisting of:
(a) a nucleic acid molecule comprising the nucleotide sequence of SEQ ID NO:1, or a full-length complement thereof;
(b) a nucleic acid molecule which encodes a polypeptide comprising the amino acid sequence of SEQ ID NO:2; and
(c) a nucleotide sequence encoding a protein comprising an amino acid sequence characterized by at least 95% sequence identity to the amino acid sequence of SEQ ID NO:2.

### Claim 2 (depends on 1)

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

### Claim 3 (depends on 1)

A host cell that contains the DNA construct of claim 1.

### Claim 4 (depends on 3)

The host cell of claim 3 that is a bacterial cell.

### Claim 5 (depends on 3)

The host cell of claim 3 that is a plant cell.

### Claim 6 (depends on 5)

A transgenic plant comprising the host cell of claim 5.

### Claim 7 (depends on 6)

The transgenic plant of claim 6, wherein said plant is selected from the group consisting of maize, sorghum, wheat, cabbage, sunflower, tomato, crucifers, peppers, potato, cotton, rice, soybean, sugar beet, sugarcane, tobacco, barley, and oilseed rape.

### Claim 8 (depends on 7)

A transformed seed of the plant of claim 7, wherein the seed comprises the DNA construct.

### Claim 9

An isolated polypeptide with pesticidal activity, wherein said polypeptide is selected from the group consisting of:
(a) a polypeptide comprising the amino acid sequence of SEQ ID NO:2;
(b) a polypeptide comprising the amino acid sequence that is encoded by the nucleotide sequence of SEQ ID NO:1; and
(c) a polypeptide sequence having at least 95% sequence identity to the polypeptide sequence of (a) or (b).

### Claim 10 (depends on 9)

The polypeptide of claim 9 further comprising heterologous amino acid sequences.

### Claim 11 (depends on 9)

A composition comprising the polypeptide of claim 9.

### Claim 12 (depends on 11)

The composition of claim 11, wherein said composition is selected from the group consisting of a powder, dust, pellet, granule, spray, emulsion, colloid, and solution.

### Claim 13 (depends on 11)

The composition of claim 11, wherein said composition is prepared by desiccation, lyophilization, homogenization, extraction, filtration, centrifugation, sedimentation, or concentration of a culture of Bacillus thuringiensis cells.

### Claim 14 (depends on 11)

The composition of claim 11, comprising from about 1% to about 99% by weight of said polypeptide.

### Claim 15 (depends on 9)

A method for controlling a lepidopteran pest population, said method comprising contacting said population with a pesticidally-effective amount of the polypeptide of claim 9.

### Claim 16 (depends on 9)

A method for killing a lepidopteran pest, said method comprising contacting said pest with, or feeding to said pest, a pesticidally-effective amount of the polypeptide of claim 9.

### Claim 17 (depends on 3)

A method for producing a polypeptide with pesticidal activity, said method comprising culturing the host cell of claim 3 under conditions in which the nucleic acid molecule encoding the polypeptide is expressed, said polypeptide being selected from the group consisting of:
(a) a polypeptide comprising the amino acid sequence of SEQ ID NO:2;
(b) a polypeptide comprising the amino acid sequence that is encoded by the nucleotide sequence of SEQ ID NO:1;
(c) a polypeptide sequence having at least 95% sequence identity to the polypeptide sequence of (a) or (b).

### Claim 18

A plant having stably incorporated into its genome a DNA construct comprising a nucleotide sequence that encodes a protein having pesticidal activity, wherein said nucleotide sequence is selected from the group consisting of:
(a) a nucleic acid molecule comprising the nucleotide sequence of SEQ ID NO:1, or a full-length complement thereof;
(b) a nucleic acid molecule which encodes a polypeptide comprising the amino acid sequence of SEQ ID NO:2; and
(c) a nucleotide sequence encoding a protein comprising an amino acid sequence characterized by at least 95% sequence identity to the amino acid sequence of SEQ ID NO:2.

### Claim 19 (depends on 18)

The plant of claim 18, wherein said plant is a plant cell.

### Claim 20

A method for protecting a plant from a pest, said method comprising introducing into said plant or cell thereof at least one expression vector comprising a nucleotide sequence that encodes a pesticidal polypeptide, wherein said nucleotide sequence is selected from the group consisting of:
(a) a nucleic acid molecule comprising the nucleotide sequence of SEQ ID NO:1, or a full-length complement thereof;
(b) a nucleic acid molecule which encodes a polypeptide comprising the amino acid sequence of SEQ ID NO:2; and
(c) a nucleotide sequence encoding a protein comprising an amino acid sequence characterized by at least 95% sequence identity to the amino acid sequence of SEQ ID NO:2.

### Claim 21 (depends on 20)

The method of claim 20, wherein said plant produces a pesticidal polypeptide having pesticidal activity against a lepidopteran pest.
