# US 8,772,579 B2 · Lettuce variety emerson

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- Number: US 8,772,579 B2
- Document ID: US8772579B2
- Status: Granted
- Kind: B2
- Application number: 12/408,007
- Filed: 2009-03-20
- Published: 2010-09-09
- Granted: 2014-07-08
- Earliest claimed: 2009-03-06
- Assignees: Rijk Zwaan Zaadteelt En Zaadhandel B.V.
- Applicants: Cornelis Marinus Moor; Egbert Carolus Johannes Smits
- Inventors: Cornelis Marinus Moor; Egbert Carolus Johannes Smits
- Web page: https://patentgrep.com/patent/US8772579B2

## CPC

- A01H 6/1472: {Lactuca sativa [lettuce]}
- A01H 5/12: Leaves
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES

## Abstract

The present invention relates to a new lettuce (Lactuca sativa) variety, seed designated as 79-11 RZ, which exhibits a combination of an extraordinary high number of leaves, resistance to many Bremia-races, and an extraordinary low number of apices under many growing conditions, the representative seed having been deposited with the National Collections of Industrial, Marine and Food Bacteria (NCIMB) in Bucksburn, Aberdeen AB21 9YA, Scotland, UK and assigned NCIMB Accession No. 41614, The present invention also relates to a Lactuca sativa plant produced by growing the 79-11 RZ (Emerson) seed. The invention further relates to methods for producing the lettuce cultivar, represented by lettuce variety 79-11 RZ.

## Claims

### Claim 1

A lettuce plant having a trait of black seeds; a trait of green, round-shaped leaves; a multileaf trait; an extraordinarily low number of apices trait; a resistance to Bremia lactucae Regal trait, and genetic information in its genome for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait,
wherein the multileaf trait is caused by a single recessive genetic factor which is present in the lettuce plant in a homozygous state whereby the lettuce plant has the multileaf trait and green, round-shaped leaves,
wherein the multileaf trait includes that (i) at harvest maturity the fresh weight of the above-ground part of the lettuce plant expressing the multileaf trait is between 200 and 300 grams, and (ii) under the same environmental conditions, at the plant stage before bolting when the above-ground dry matter is between 100 and 400 grams, the lettuce plant expressing the multileaf trait grows at least about 2 to 4 times as many leaves as another lettuce plant of the same variety that is not homozygous as to the genetic information for expressing the multileaf trait,
wherein the extraordinarily low number of apices trait includes that under warm environment conditions of between 15° C. and 25° C., the multileaf lettuce plant also expressing the extraordinarily low number of apices trait has at harvest maturity about 1 to 3 times lower number of apices than a multileaf lettuce plant at harvest maturity that does not express the extraordinarily low number of apices trait and was grown under the same warm environment conditions,
wherein the resistance to Bremia lactucae Regal trait includes resistance to strains B1:16, B1:17, B1:18, B1:20, B1:22, B1:23, B1:24, B1:25, B1:26, Ca-VII, Ca-VIII, NL341, and NL519, and
wherein the genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 2 (depends on 1)

A seed of the plant of claim 1.

### Claim 3 (depends on 1)

A part of the plant of claim 1, wherein said part of the plant is suitable for sexual reproduction.

### Claim 4 (depends on 3)

The part of the plant of claim 3, wherein said part is selected from the group consisting of microspores, pollen, ovaries, ovules, embryo sacs and egg cells.

### Claim 5 (depends on 1)

A part of the plant of claim 1, wherein said part of the plant is suitable for vegetative reproduction.

### Claim 6 (depends on 5)

The part of the plant of claim 5, wherein said part is selected from the group consisting of cuttings, roots, stems, cells, protoplasts, leaves, meristems and buds.

### Claim 7 (depends on 1)

A tissue culture of the lettuce plant of claim 1.

### Claim 8 (depends on 7)

The tissue culture as claimed in claim 7, wherein said tissue culture is derived from a tissue selected from the group consisting of leaves, pollen, embryos, cotyledon, hypocotyls, meristematic cells, roots, root tips, anthers, flowers, seeds and stems.

### Claim 9 (depends on 2)

A lettuce plant that having the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614, wherein the lettuce plant is grown from the seed as claimed in claim 2.

### Claim 10 (depends on 3)

A lettuce plant having the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614, wherein the lettuce plant is regenerated from the part of the plant as claimed in claim 3.

### Claim 11 (depends on 7)

A lettuce plant having the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614, wherein the lettuce plant is said plant regenerated from the tissue culture as claimed in claim 7.

### Claim 12 (depends on 1)

A F1, F2, F3, F4, F5, F6, or F7 progeny of a lettuce plant of claim 1, wherein the F1, F2, F3, F4, F5, F6, or F7 progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 13 (depends on 9)

A F1, F2, F3, F4, F5, F6, or F7 progeny of the lettuce plant of claim 9, wherein the F1, F2, F3, F4, F5, F6, or F7 progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 14 (depends on 10)

A F1, F2, F3, F4, F5, F6, or F7 progeny of the lettuce plant of claim 10, wherein the F1, F2, F3, F4, F5, F6, or F7 progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 15 (depends on 11)

A F1, F2, F3, F4, F5, F6, or F7 progeny of the lettuce plant of claim 11, wherein the F1, F2, F3, F4, F5, F6, or F7 progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 16 (depends on 1)

A F1, F2, F3, F4, F5, F6, or F7 progeny of the lettuce plant of claim 1, wherein the F1, F2, F3, F4, F5, F6, or F7 progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614, and is modified in one or more other characteristics.

### Claim 17 (depends on 1)

A lettuce plant of claim 1, wherein the lettuce plant is cultivar 79-11 RZ, which is also referred to as Emerson.

### Claim 18 (depends on 16)

The progeny as claimed in claim 16, wherein the modification is effected by transformation with a transgene.

### Claim 19 (depends on 1, 17)

A method of producing a hybrid lettuce seed comprising crossing a first parent lettuce plant with a second parent lettuce plant and harvesting the resultant hybrid lettuce seed, wherein said first parent lettuce plant or said second parent lettuce plant is the lettuce plant of claim 1 or 17.

### Claim 20 (depends on 1, 18)

A method of producing a lettuce plant that has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614,
said method comprising,
crossing a first lettuce plant with a second lettuce plant
wherein the first or second lettuce plant is the lettuce plant of claim 1 or claim 18 or a F1, F2, F3, F4, F5, F6, or F7 progeny of the lettuce plant of claim 1 or claim 18 having the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614,
wherein the lettuce plant produced by the method that has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614 is a second or further generation descendant of the cross.

### Claim 21 (depends on 20)

A lettuce plant that is produced by the method of claim 20 that has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 22 (depends on 1, 17)

The lettuce plant of claim 1 or 17 grown from seed deposited under NCIMB Accession No. 41614.

### Claim 23 (depends on 1)

A F1 progeny of a lettuce plant produced by sexual reproduction of the lettuce plant of claim 1, wherein the F1 progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 24 (depends on 1)

A F2, F3, F4, F5, F6, or F7 progeny of a lettuce plant produced by sexual reproduction of a progeny plant of a lettuce plant of claim 1, wherein the F2, F3, F4, F5, F6, or F7 progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.

### Claim 25 (depends on 1)

A progeny of a lettuce plant produced by vegetative reproduction of the lettuce plant of claim 1 or a progeny plant thereof, wherein the progeny has the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait, and genetic information for expressing the black seeds trait, the green, round-shaped leaves trait, the multileaf trait, the extraordinarily low number of apices trait and the resistance to Bremia lactucae Regal trait is as found in a lettuce plant, representative seed of which having been deposited under NCIMB Accession No. 41614.