Garden bean named HMX5107

Abstract

A novel garden bean cultivars, designated HMX5107 is disclosed. The invention relates to the seeds of garden bean cultivars HMX5107, to the plants of garden bean line HMX5107, and to methods for producing a bean plant by crossing the cultivar HMX5107 with itself or another bean line. The invention further relates to methods for producing a bean plant containing in its genetic material one or more transgenes and to the transgenic plants produced by that method and to methods for producing other garden bean lines derived from the cultivar HMX5107.

Claims

1. A seed of bean cultivar designated HMX5107, wherein a representative sample of seed of said cultivar has been deposited under NCIMB No. 43120.

2. A bean plant, or a plant part thereof, produced by growing the seed of claim 1.

3. A bean plant, or a plant part thereof, having all of the physiological and morphological characteristics of bean cultivar HMX5107 listed in Table 5, wherein a representative sample of seed of said cultivar has been deposited under NCIMB No. 43120.

4. A bean plant, or a plant part thereof, having all of the physiological and morphological characteristics of bean cultivar HMX5107 wherein a representative sample of seed of said cultivar has been deposited under NCIMB No. 43120.

5. A tissue culture of regenerable cells produced from the plant of claim 2 wherein said cells of the tissue culture are produced from a plant part selected from the group consisting of embryos, meristematic cells, leaves, pollen, root, root tips, stems, anther, pistils, pods, flowers, and seeds.

6. A bean plant regenerated from the tissue culture of claim 5, said plant having all of the morphological and physiological characteristics of bean cultivar HMX5107, wherein a representative sample of seed has been deposited under NCIMB No. 43120.

7. A method for producing a bean seed comprising crossing a first parent bean plant with a second parent bean plant and harvesting the resultant hybrid bean seed, wherein said first parent bean plant or second parent bean plant is the bean plant of claim 2.

8. A hybrid bean seed produced by the method of claim 7.

9. A method for producing an herbicide resistant bean plant comprising transforming the bean plant of claim 2 with a transgene that confers herbicide resistance to an herbicide selected from the group consisting of imidazolinone, sulfonylurea, glyphosate, glufosinate, L-phosphinothricin, triazine, and benzonitrile.

10. An herbicide resistant bean plant, or a plant part thereof, produced by the method of claim 9.

11. A method for producing an insect resistant bean plant comprising transforming the bean plant of claim 2 with a transgene that confers insect resistance.

12. An insect resistant bean plant, or a plant part thereof, produced by the method of claim 11.

13. A method for producing a disease resistant bean plant comprising transforming the bean plant of claim 2 with a transgene that confers disease resistance.

14. A disease resistant bean plant, or a plant part thereof, produced by the method of claim 13.

15. A method of introducing a desired trait into bean cultivar HMX5107 comprising: (a) crossing a bean cultivar HMX5107 plant grown from bean cultivar HMX5107 seed, wherein a representative sample of seed has been deposited under NCIMB No. 43120, with another bean plant that comprises a desired trait to produce F.sub.1 progeny plants, wherein the desired trait is selected from the group consisting of insect resistance, disease resistance, water stress tolerance, heat tolerance, improved shelf life delayed shelf life, and improved nutritional quality; (b) selecting one or more progeny plants that have the desired trait to produce selected progeny plants; (c) crossing the selected progeny plants with the bean cultivar HMX5107 plant to produce backcross progeny plants; (d) selecting for backcross progeny plants that have the desired trait and physiological and morphological characteristics of bean cultivar HMX5107 listed in Table 5 to produce selected backcross progeny plants; and (e) repeating steps (c) and (d) three or more times in succession to produce selected fourth or higher backcross progeny plants that comprise the desired trait and the physiological and morphological characteristics of bean cultivar listed in Table 5.

16. A bean plant produced by the method of claim 15, wherein the plant has the desired trait and all of the physiological and morphological characteristics of bean cultivar HMX5107 listed in Table 35.

17. A method for producing bean cultivar HMX5107 seed comprising crossing a first parent bean plant with a second parent bean plant and harvesting the resultant bean seed, wherein both said first and second bean plants are the bean plant of claim 4.

18. The bean plant of claim 16, wherein the desired trait is herbicide resistance and the resistance is conferred to an herbicide selected from the group consisting of imidazolinone, sulfonylurea, glyphosate, glufosinate, L-phosphinothricin, triazine, and benzonitrile.

19. The bean plant of claim 16, wherein the desired trait is insect resistance and the insect resistance is conferred by a transgene encoding a Bacillus thuringiensis endotoxin.

20. The bean plant of claim 16, wherein the desired trait is selected from the group consisting of insect resistance, disease resistance, water stress tolerance, heat tolerance, improved shelf life, and improved nutritional quality.

21. A bean pod, produced by growing the plant of claim 4.

Description

DETAILED DESCRIPTION OF THE INVENTION

(1) Garden bean cultivar HMX4101 has superior characteristics and was developed from an initial cross that was made in Sun Prairie, Wis., in a greenhouse, in the fall. In the first year of development, the cross was made between two proprietary lines under stake numbers 17003 (female) and 17050 (male, a BC4 internal proprietary material), the BC.sub.5F.sub.1 generation was harvested in April in the greenhouse located in Sun Prairie, Wis., in plot 25015, and the BC.sub.5F.sub.2 selection was made in July near Coloma, Wis., in plot 212887. In the second year, the BC.sub.5F.sub.3 selection was made in February, near Los Mochis, Mexico, in plot 32797; the BC.sub.5F.sub.4 was harvested as 100 single plants in September, Twin Falls, Id. in plot 304950 and 304951; In the third year, the BC.sub.5F.sub.5 generation was bulked by progeny row in February, near Los Mochis, Mexico, in plot 44701-750. The line was subsequently designated HMX4101.

(2) Garden bean cultivar HMX4101 is similar to garden bean cultivar Caprice. While similar to garden bean cultivar Caprice, there are significant differences including garden bean cultivar HMX4101 has resistance to Beet Curly Top Virus while Caprice is susceptible.

(3) Garden bean cultivar HMX4101 is a 56-day maturity bean with uniform medium dark green pods on an upright plant structure (habit). The pods are very straight and smooth and are borne in the upper one-half of the plant. The majority of the pods are in the 3, 4 and 5 sieve range. The leaves are medium in size with a medium-dark green color. Garden bean cultivar HMX4101 is a determinate plant and is resistant to Bean Common Mosaic Virus (BCMV I-gene), Beet Curly Top Virus (BCTV), Colletotrichum lindemuthianum (races 7 and 73) and Xanthomonas campestris pv. phaseoli. HMX4101 has Intermediate Resistant to Pseudomonas syringae pv syringae and Pseudomonas syringae pv phaseolicola.

(4) Garden bean cultivar HMX4127 has superior characteristics and was developed from an initial cross that was made in Immokalee, Fla., in a greenhouse, in the fall. In the first year of development, the cross was made between two proprietary lines under stake numbers 9631 (female) and 9634 (male), the F.sub.1 generation was harvested in April in the greenhouse located in Sun Prairie, Wis., in plot W7178, and the F.sub.2 selection was made in July near Coloma, Wis., in plot H708918. In the second year, the F.sub.3 selection was made in October, in Sun Prairie, Wis., in the greenhouse, in plot 0076; the F.sub.4 selection was made in April, in Sun Prairie, Wis., in the greenhouse, in plot 8540; the F.sub.5 selection was made in July near Coloma, Wis., in plot H802569. In the third year, the F.sub.6 selection was made in February, near Los Mochis, Mexico, in plot 90372; the F.sub.7 selection was made in July near Coloma, Wis., in plot 902811. In the fourth year, the F.sub.8 generation was bulked in February near Los Mochis, Mexico, in plot 04212 and the F.sub.9 generation was bulked in August in Salinas, Calif., in plot 014495. In the fifth year, the F.sub.10 generation was bulked in August in Salinas, Calif., in plot 107873. In the sixth year, the F.sub.11 generation was harvested as 100 single plants in August in Twin Falls, Id., in plot 305176. In the seventh year, the F.sub.12 generation was bulked by progeny row in February, near Los Mochis, Mexico, in plot 44901-950. The line was subsequently designated HMX4127.

(5) Garden bean cultivar HMX4127 is similar to garden bean cultivar Navarro. While similar to garden bean cultivar Navarro, there are significant differences including garden bean cultivar HMX4127 has medium green pods while the pods of Navarro are medium light green.

(6) Garden bean cultivar HMX4127 is a 56-day maturity bean with uniform medium green pods on an upright plant structure (habit). The pods are very straight and smooth and are borne in the upper one-half of the plant. The pods are flat and average 6 inches in length. The leaves are medium in size with a medium-dark green color. Garden bean cultivar HMX4127 is a determinate plant and is resistant to Bean Common Mosaic Virus (BCMV I-gene) and Beet Curly Top Virus (BCTV).

(7) Garden bean cultivar HMX4129 has superior characteristics and was developed from an initial cross that was made in Immokalee, Fla., in a greenhouse, in the fall. In the first year of development, the cross was made between two proprietary lines under stake numbers 86527 (female) and 86522 (male), the F.sub.1 generation was harvested in April in the greenhouse located in Sun Prairie, Wis., in plot 9178, and the F.sub.2 selection was made in July near Coloma, Wis., in plot 908561. In the second year, the F.sub.3 selection was made in July near Coloma, Wis., in plot 016807. In the third year, the F.sub.4 selection was made in February, near Los Mochis, Mexico, in plot 10569; the F.sub.5 selection was made in July near Coloma, Wis., in plot 103966. In the fourth year, the F.sub.6 selection was made in February near Los Mochis, Mexico, in plot 20177 and the F.sub.7 selection was made in July near Coloma, Wis., in plot 203928. In the fifth year, the F.sub.8 generation was bulked in February near Los Mochis, Mexico, in plot 32593 and the F.sub.9 generation was harvested as 100 single plants in August in Twin Falls, Id., in plots 304998 and 304999. In the sixth year, the F.sub.10 generation was bulked by progeny row in February, near Los Mochis, Mexico, in plot 44801-850. The line was subsequently designated HMX4129.

(8) Garden bean cultivar HMX4129 is similar to garden bean cultivar Pike. While similar to garden bean cultivar Pike, there are significant differences including garden bean cultivar HMX4129 has medium green pods while the pods of Pike are medium dark green.

(9) Garden bean cultivar HMX4129 is a 58-day maturity bean with uniform medium green pods on an upright plant structure (habit). The pods are very straight and smooth and are borne in the upper one-half of the plant. The majority of the pods are in the 2 and 3 sieve range. The leaves are medium in size with a medium-dark green color. Garden bean cultivar HMX4129 is a determinate plant and is resistant to Bean Common Mosaic Virus (BCMV I-gene), Beet Curly Top Virus (BCTV), Colletotrichum lindemuthianum (races 7 and 73), Xanthomonas campestris pv. phaseoli, and Pseudomonas syringae pv phaseolicola.

(10) Garden bean cultivar HMX5106 has superior characteristics and was developed from an initial cross that was made in Immokalee, Fla., in a greenhouse, in the fall. In the first year of development, the cross was made between two proprietary lines under stake numbers 09587 (female) and 09593 (male), the F.sub.1 generation was harvested in April in the greenhouse located in Sun Prairie, Wis., in plot 1164, and the F.sub.2 selection was made in July near Coloma, Wis., in plot 111303. In the second year, the F.sub.3 selection was made in October, in Sun Prairie, Wis., in the greenhouse, in plot 17641; the F.sub.4 selection was made in April, in Sun Prairie, Wis., in the greenhouse, in plot 25645; the F.sub.5 selection was made in July near Coloma, Wis., in plot 205757. In the third year, the F.sub.6 selection was made in February, near Los Mochis, Mexico, in plot 32025; the F.sub.7 generation was bulked in July in Twin Falls, Id., in plot 307968. In the fourth year, the F.sub.8 generation was harvested as 100 single plants in August in Twin Falls, Id., in plots 407297 and 407298. In the fifth year, the F.sub.9 generation was bulked by progeny row in February, near Los Mochis, Mexico, in plot 53601-646. The line was subsequently designated HMX5106.

(11) Garden bean cultivar HMX5106 is similar to garden bean cultivar Ambra. While similar to garden bean cultivar Ambra, there are significant differences including garden bean cultivar HMX5106 has medium green pods while the pods of Ambra are medium light green. HMX5106 has resistance to Uromyces appendiculatus (rust races 38 and 67) while Ambra is susceptible.

(12) Garden bean cultivar HMX5106 is a 54-day maturity bean with uniform medium dark green pods on an upright plant structure (habit). The pods are very straight and smooth and are borne in the upper one-half of the plant. The majority of the pods are in the 3 and 4 sieve range The leaves are medium in size with a medium-dark green color. Garden bean cultivar HMX5106 is a determinate plant and is resistant to Bean Common Mosaic Virus (BCMV I-gene), Beet Curly Top Virus (BCTV), and Uromyces appendiculatus (rust races 38 and 67).

(13) Garden bean cultivar HMX5107 has superior characteristics and was developed from an initial cross that was made in Immokalee, Fla., in a greenhouse, in the fall. In the first year of development, the cross was made between two proprietary lines under stake numbers 97491 (female) and 97483 (male), the F.sub.1 generation was harvested in April in the greenhouse located in Sun Prairie, Wis., in plot 0134, and the F.sub.2 selection was made in July near Coloma, Wis., in plot 018146. In the second year, the F.sub.3 selection was made in February, near Los Mochis, Mexico, in plot 10868; the F.sub.4 selection was made in July near Coloma, Wis., in plot 104617. In the third year, the F.sub.5 selection was made in February, near Los Mochis, Mexico, in plot 20433; the F.sub.6 selection was made in July near Coloma, Wis., in plot 204088. In the fourth year, the F.sub.7 selection was made in February, near Los Mochis, Mexico, in plot 32671; the F.sub.8 selection was made in July near Coloma, Wis., in plot 304826. In the fifth year, the F.sub.9 generation was harvested as 100 single plants in August in Twin Falls, Id., in plots 407325 and 407326. In the sixth year, the F.sub.10 generation was bulked by progeny row in February, near Los Mochis, Mexico, in plot 53701-750. The line was subsequently designated HMX5107.

(14) Garden bean cultivar HMX5107 is similar to garden bean cultivar Caprice. While similar to garden bean cultivar Caprice, there are significant differences including garden bean cultivar HMX5107 has dark green pods while the pods of Caprice are medium dark green.

(15) Garden bean cultivar HMX5107 is a 56-day maturity bean with uniform dark green pods on an upright plant structure (habit). The pods are very straight and smooth and are borne in the upper one-half of the plant. The majority of the pods are in the 3 and 4 sieve range. The leaves are medium in size with a medium-dark green color. Garden bean cultivar HMX5107 is a determinate plant and is resistant to Bean Common Mosaic Virus (BCMV I-gene) and Beet Curly Top Virus (BCTV).

(16) Garden bean cultivar HMX5108 has superior characteristics and was developed from an initial cross that was made in Immokalee, Fla., in a greenhouse, in the fall. In the first year of development, the cross was made between two proprietary lines under stake numbers 09562 (female) and 09576 (male), the F.sub.1 generation was harvested in April in the greenhouse located in Sun Prairie, Wis., in plot 1023, and the F.sub.2 selection was made in July near Coloma, Wis., in plot 109796. In the second year, the F.sub.3 selection was made in February, near Los Mochis, Mexico, in plot 21286; the F.sub.4 selection was made in July near Coloma, Wis., in plot 204670. In the third year, the F.sub.5 selection was made in February, near Los Mochis, Mexico, in plot 30339; the F.sub.6 selection was made in July near Coloma, Wis., in plot 305579. In the fourth year, the F.sub.7 selection was made in February, near Los Mochis, Mexico, in plot 42956; the F.sub.8 generation was harvested as 100 single plants in August in Twin Falls, Id., in plots 407555 and 407556. In the fifth year, the F.sub.9 generation was bulked by progeny row in February, near Los Mochis, Mexico, in plot 53801-850. The line was subsequently designated HMX5108.

(17) Garden bean cultivar HMX5108 is similar to garden bean cultivar Hystyle. While similar to garden bean cultivar Hystyle, there are significant differences including garden bean cultivar HMX5108 has medium green pods while the pods of Hystyle are medium light green.

(18) Garden bean cultivar HMX5108 is a 55-day maturity bean with uniform medium green pods on an upright plant structure (habit). The pods are very straight and smooth and are borne in the upper one-half of the plant. The majority of the pods are in the 4 and 5 sieve range. The leaves are medium in size with a medium-dark green color. Garden bean cultivar HMX5108 is a determinate plant and is resistant to Bean Common Mosaic Virus (BCMV I-gene) and Beet Curly Top Virus (BCTV).

(19) Some of the selection criteria used for various generations include: pod appearance and length, bean yield, pod set height, emergence, maturity, plant architecture, habit and height, seed yield, and quality and disease resistance.

(20) Bean Common Mosaic Virus resistance is a desired trait for a bean variety. The disease occurs worldwide causing low quality of the harvest product and losses from 80% to 100% by reduction of yield. It is mostly transmitted by aphids during the growing season, but can also be spread by pollen or mechanically. The leaves develop mosaic patterns in which irregular light and dark green patches are intermixed. Malformation and yellow dots may also be produced, often causing growth reduction. The plant may be dwarfed and pod and seed yield reduced. Severe necrosis may occur and the plant may die if infected while young. Systemic necrosis, in which the roots and shoots become blackened, appears in cultivars having a dominant resistance gene (hypersensitive resistance mechanism). The systemic necrosis may spread to higher leaves without killing them or may be concentrated in the vascular parts of the stem, eventually leading to the death of all or part of the plant. When infection occurs late in plant development, parts of the plant may die and many pods may show brown discoloration in the pod wall and pod suture as a result of vascular necrosis.

(21) Garden bean cultivars HMX4101, HMX4127, HMX4129, HMX5106, HMX5107 and/or HMX5108 have shown uniformity and stability for the traits, as described in the following Variety Description Information. It has been self-pollinated a sufficient number of generations with careful attention to uniformity of plant type. The cultivar has been increased with continued observation for uniformity. No variant traits have been observed or are expected for agronomically important traits in garden bean cultivars HMX4101, HMX4127, HMX4129, HMX5106, HMX5107 and/or HMX5108.

(22) Garden bean cultivar HMX4101 has the following morphologic and other characteristics (based primarily on data collected at Coloma and Sun Prairie, Wis.).

(23) TABLE-US-00001 TABLE 1 VARIETY DESCRIPTION INFORMATION Garden bean cultivar HMX4101 has the following morphologic and other characteristics (based primarily on data collected at Coloma and Sun Prairie, Wisconsin). Market Maturity: Days to edible pods: 56 Number of days later than Caprice: 0 Plant: Habit: Determinate Pod position: Medium-High Bush form: High Bush Leaves: Surface: Semi-glossy Size: Medium Color: Medium dark-green Anthocyanin Pigment: Flowers: Absent Stems: Absent Pods: Absent Seeds: Absent Leaves: Absent Petioles: Absent Peduncles: Absent Nodes: Absent Flower Color: Color of standard: White Color of wings: White Color of keel: White Pods (edible maturity): Exterior color: Medium Dark-green Cross section pod shape: Round Creaseback: Present Pubescence: Sparse Constriction: None Spur length: 12 mm Fiber: Sparse Number of seeds/pods: 6 Suture string: Absent Seed development: Slow Machine harvest: Adapted Distribution of sieve size at optimum maturity: 30% 7.34 mm to 8.34 mm - Sieve 3 60% 8.34 mm to 9.53 mm - Sieve 4 10% 9.53 mm to 10.72 mm - Sieve 5 Seed Color: Seed coat luster: Shiny Seed coat: Monochrome Primary color: White Seed coat pattern: Solid Hilar ring: Absent Seed Shape and Size: Hilum view: Oval Cross section: Round Side view: Oval Seed size (g/100 seeds): 27.0; 1 less than Caprice Disease Resistance: Bean Common Mosaic Virus (BCMV I gene): Resistant Beet Curly Top Virus (BCTV): Resistant Colletotrichum lindemuthianum (races 7 and 73): Resistant Xanthomonas campestris pv. phaseoli: Resistant Pseudomonas syringae pv syringae: Intermediate Resistant Pseudomonas syringae pv phaseolicola: Intermediate Resistant

(24) Garden bean cultivar HMX4127 has the following morphologic and other characteristics (based primarily on data collected at Coloma and Sun Prairie, Wis.).

(25) TABLE-US-00002 TABLE 2 VARIETY DESCRIPTION INFORMATION Market Maturity: Days to edible pods: 56 Number of days later than Navarro: 0 Plant: Habit: Determinate Pod position: Medium-High Bush form: High Bush Leaves: Surface: Semi-glossy Size: Medium Color: Medium dark-green Anthocyanin Pigment: Flowers: Absent Stems: Absent Pods: Absent Seeds: Absent Leaves: Absent Petioles: Absent Peduncles: Absent Nodes: Absent Flower Color: Color of standard: White Color of wings: White Color of keel: White Pods (edible maturity): Exterior color: Medium green Cross section pod shape: Flat Creaseback: Present Pubescence: Sparse Constriction: None Spur length: 8 mm Fiber: Sparse Number of seeds/pods: 6 Suture string: Absent Seed development: Slow Machine harvest: Adapted Seed Color: Seed coat luster: Shiny Seed coat: Monochrome Primary color: White Seed coat pattern: Solid Hilar ring: Absent Seed Shape and Size: Hilum view: Oval Cross section: Round Side view: Oval Seed size (g/100 seeds): 40.0; equal to Navarro Disease Resistance: Bean Common Mosaic Virus (BCMV I gene): Resistant Beet Curly Top Virus (BCTV): Resistant

(26) Garden bean cultivar HMX4129 has the following morphologic and other characteristics (based primarily on data collected at Coloma, and Sun Prairie, Wis.).

(27) TABLE-US-00003 TABLE 3 VARIETY DESCRIPTION INFORMATION Market Maturity: Days to edible pods: 58 Number of days earlier than Pike: 1 Plant: Habit: Determinate Pod position: Medium-High Bush form: High Bush Leaves: Surface: Semi-glossy Size: Medium Color: Medium dark-green Anthocyanin Pigment: Flowers: Absent Stems: Absent Pods: Absent Seeds: Absent Leaves: Absent Petioles: Absent Peduncles: Absent Nodes: Absent Flower Color: Color of standard: White Color of wings: White Color of keel: White Pods (edible maturity): Exterior color: Medium green Cross section pod shape: Round Creaseback: Present Pubescence: Sparse Constriction: None Spur length: 10 mm Fiber: Sparse Number of seeds/pods: 7 Suture string: Absent Seed development: Slow Machine harvest: Adapted Distribution of sieve size at optimum maturity: 30% 5.76 mm to 7.34 mm - Sieve 2 70% 7.34 mm to 8.34 mm - Sieve 3 Seed Color: Seed coat luster: semi-Shiny Seed coat: Monochrome Primary color: White Seed coat pattern: Solid Hilar ring: Absent Seed Shape and Size: Hilum view: Oval Cross section: Round Side view: Oval Seed size (g/100 seeds): 20.0; equal to Pike Disease Resistance: Bean Common Mosaic Virus (BCMV I gene): Resistant Beet Curly Top Virus (BCTV): Resistant Colletotrichum lindemuthianum (races 7 and 73): Resistant Xanthomonas campestris pv. phaseoli: Resistant Pseudomonas syringae pv phaseolicola: Resistant

(28) Garden bean cultivar HMX5106 has the following morphologic and other characteristics (based primarily on data collected at Cookeville, and Crossville, Tenn.).

(29) TABLE-US-00004 TABLE 4 VARIETY DESCRIPTION INFORMATION Market Maturity: Days to edible pods: 54 Number of days later than Ambra: 2 Plant: Habit: Determinate Pod position: Medium-High Bush form: High Bush Leaves: Surface: Semi-glossy Size: Medium Color: Medium dark-green Anthocyanin Pigment: Flowers: Absent Stems: Absent Pods: Absent Seeds: Absent Leaves: Absent Petioles: Absent Peduncles: Absent Nodes: Absent Flower Color: Color of standard: White Color of wings: White Color of keel: White Pods (edible maturity): Exterior color: Medium Dark-green Cross section pod shape: Round Creaseback: Present Pubescence: Sparse Constriction: None Spur length: 12 mm Fiber: Sparse Number of seeds/pods: 7 Suture string: Absent Seed development: Slow Machine harvest: Adapted Distribution of sieve size at optimum maturity: 30% 7.34 mm to 8.34 mm - Sieve 3 70% 8.34 mm to 9.53 mm - Sieve 4 Seed Color: Seed coat luster: Shiny Seed coat: Monochrome Primary color: White Seed coat pattern: Solid Hilar ring: Absent Seed Shape and Size: Hilum view: Oval Cross section: Round Side view: Oval Seed size (g/100 seeds): 24.0; 3 less than Ambra Disease Resistance: Bean Common Mosaic Virus (BCMV I gene): Resistant Beet Curly Top Virus (BCTV): Resistant Uromyces appendiculatus (rust races 38 and 67): Resistant

(30) Garden bean cultivar HMX5107 has the following morphologic and other characteristics (based primarily on data collected at Coloma, and Sun Prairie, Wis.).

(31) TABLE-US-00005 TABLE 5 VARIETY DESCRIPTION INFORMATION Market Maturity: Days to edible pods: 56 Number of days later than Caprice: 0 Plant: Habit: Determinate Pod position: Medium-High Bush form: High Bush Leaves: Surface: Semi-glossy Size: Medium Color: Medium dark-green Anthocyanin Pigment: Flowers: Absent Stems: Absent Pods: Absent Seeds: Absent Leaves: Absent Petioles: Absent Peduncles: Absent Nodes: Absent Flower Color: Color of standard: White Color of wings: White Color of keel: White Pods (edible maturity): Exterior color: Dark-green Cross section pod shape: Round Creaseback: Present Pubescence: Sparse Constriction: None Spur length: 10 mm Fiber: Sparse Number of seeds/pods: 6 Suture string: Absent Seed development: Slow Machine harvest: Adapted Distribution of sieve size at optimum maturity: 30% 7.34 mm to 8.34 mm - Sieve 3 70% 8.34 mm to 9.53 mm - Sieve 4 Seed Color: Seed coat luster: Shiny Seed coat: Monochrome Primary color: White Seed coat pattern: Solid Hilar ring: Absent Seed Shape and Size: Hilum view: Oval Cross section: Round Side view: Oblong Seed size (g/100 seeds): 25.0; 3 less than Caprice Disease Resistance: Bean Common Mosaic Virus (BCMV I gene): Resistant Beet Curly Top Virus (BCTV): Resistant

(32) Garden bean cultivar HMX5108 has the following morphologic and other characteristics (based primarily on data collected at Coloma, and Sun Prairie, Wis.).

(33) TABLE-US-00006 TABLE 6 VARIETY DESCRIPTION INFORMATION Market Maturity: Days to edible pods: 55 Number of days later than Hystyle: 0 Plant: Habit: Determinate Pod position: Medium-High Bush form: High Bush Leaves: Surface: Semi-glossy Size: Medium Color: Medium dark-green Anthocyanin Pigment: Flowers: Absent Stems: Absent Pods: Absent Seeds: Absent Leaves: Absent Petioles: Absent Peduncles: Absent Nodes: Absent Flower Color: Color of standard: White Color of wings: White Color of keel: White Pods (edible maturity): Exterior color: Medium green Cross section pod shape: Round Creaseback: Present Pubescence: Sparse Constriction: None Spur length: 12 mm Fiber: Sparse Number of seeds/pods: 7 Suture string: Absent Seed development: Slow Machine harvest: Adapted Distribution of sieve size at optimum maturity: 15% 7.34 mm to 8.34 mm - Sieve 3 60% 8.34 mm to 9.53 mm - Sieve 4 25% 9.53 mm to 10.72 mm - Sieve 5 Seed Color: Seed coat luster: Shiny Seed coat: Monochrome Primary color: White Seed coat pattern: Solid Hilar ring: Absent Seed Shape and Size: Hilum view: Elliptical Cross section: Oval Side view: Oblong Seed size (g/100 seeds): 24.0; 3 less than Hystyle Disease Resistance: Bean Common Mosaic Virus (BCMV I gene): Resistant Beet Curly Top Virus (BCTV): Resistant

Further Embodiments of the Invention

(34) This invention also is directed to methods for producing a garden plant by crossing a first parent bean plant with a second parent bean plant wherein either the first or second parent bean plant is a bean plant of the line HMX4101, HMX4127, HMX4129, HMX5106, HMX5107 and/or HMX5108. Further, both first and second parent bean plants can come from cultivars HMX4101, HMX4127, HMX4129, HMX5106, HMX5107 and/or HMX5108, respectively. When self pollinated, or crossed with another bean cultivar HMX4101 plant, the bean cultivars HMX4101 will be stable, while when crossed with another, different bean cultivar plant, an F.sub.1 hybrid seed is produced. When self pollinated, or crossed with another bean cultivar HMX4127 plant, the bean cultivars HMX4127 will be stable, while when crossed with another, different bean cultivar plant, an F.sub.1 hybrid seed is produced. When self pollinated, or crossed with another bean cultivar HMX4129 plant, the bean cultivars HMX4129 will be stable, while when crossed with another, different bean cultivar plant, an F.sub.1 hybrid seed is produced. When self pollinated, or crossed with another bean cultivar HMX5106 plant, the bean cultivars HMX5106 will be stable, while when crossed with another, different bean cultivar plant, an F.sub.1 hybrid seed is produced. When self pollinated, or crossed with another bean cultivar HMX5107 plant, the bean cultivars HMX5107 will be stable, while when crossed with another, different bean cultivar plant, an F.sub.1 hybrid seed is produced. When self pollinated, or crossed with another bean cultivar HMX5108 plant, the bean cultivars HMX5108 will be stable, while when crossed with another, different bean cultivar plant, an F.sub.1 hybrid seed is produced. Such methods of hybridization and self-pollination of the common bean are well known to those skilled in the art of bean breeding. See, for example, F. A. Bliss, 1980, Common Bean, In Hybridization of Crop Plants, Fehr and Hadley, eds., Chapter 17: 273-284, American Society of Agronomy and Crop Science Society of America, Publishers.

(35) Still further, this invention also is directed to methods for producing an HMX4101-derived bean plant by crossing cultivars HMX4101 with a second bean plant and growing the progeny seed, and repeating the crossing and growing steps with the cultivars HMX4101-derived plant from 0 to 7 times. Thus, any such methods using the cultivars HMX4101 are part of this invention: selfing, backcrosses, hybrid production, crosses to populations, and the like. All plants produced using cultivars HMX4101 as a parent are within the scope of this invention, including plants derived from cultivars HMX4101. Advantageously, the cultivar is used in crosses with other, different, cultivars to produce first generation (F.sub.1) bean seeds and plants with superior characteristics.

(36) Still further, this invention also is directed to methods for producing an HMX4127-derived bean plant by crossing cultivars HMX4127 with a second bean plant and growing the progeny seed, and repeating the crossing and growing steps with the cultivars HMX4127-derived plant from 0 to 7 times. Thus, any such methods using the cultivars HMX4127 are part of this invention: selfing, backcrosses, hybrid production, crosses to populations, and the like. All plants produced using cultivars HMX4127 as a parent are within the scope of this invention, including plants derived from cultivars HMX4127. Advantageously, the cultivar is used in crosses with other, different, cultivars to produce first generation (F.sub.1) bean seeds and plants with superior characteristics.

(37) Still further, this invention also is directed to methods for producing an HMX4129-derived bean plant by crossing cultivars HMX4129 with a second bean plant and growing the progeny seed, and repeating the crossing and growing steps with the cultivars HMX4129-derived plant from 0 to 7 times. Thus, any such methods using the cultivars HMX4129 are part of this invention: selfing, backcrosses, hybrid production, crosses to populations, and the like. All plants produced using cultivars HMX4129 as a parent are within the scope of this invention, including plants derived from cultivars HMX4129. Advantageously, the cultivar is used in crosses with other, different, cultivars to produce first generation (F.sub.1) bean seeds and plants with superior characteristics.

(38) Still further, this invention also is directed to methods for producing an HMX5106-derived bean plant by crossing cultivars HMX5106 with a second bean plant and growing the progeny seed, and repeating the crossing and growing steps with the cultivars HMX5106-derived plant from 0 to 7 times. Thus, any such methods using the cultivars HMX5106 are part of this invention: selfing, backcrosses, hybrid production, crosses to populations, and the like. All plants produced using cultivars HMX5106 as a parent are within the scope of this invention, including plants derived from cultivars HMX5106. Advantageously, the cultivar is used in crosses with other, different, cultivars to produce first generation (F.sub.1) bean seeds and plants with superior characteristics.

(39) Still further, this invention also is directed to methods for producing an HMX5107-derived bean plant by crossing cultivars HMX5107 with a second bean plant and growing the progeny seed, and repeating the crossing and growing steps with the cultivars HMX5107-derived plant from 0 to 7 times. Thus, any such methods using the cultivars HMX5107 are part of this invention: selfing, backcrosses, hybrid production, crosses to populations, and the like. All plants produced using cultivars HMX5107 as a parent are within the scope of this invention, including plants derived from cultivars HMX5107. Advantageously, the cultivar is used in crosses with other, different, cultivars to produce first generation (F.sub.1) bean seeds and plants with superior characteristics.

(40) Still further, this invention also is directed to methods for producing an HMX5108-derived bean plant by crossing cultivars HMX5108 with a second bean plant and growing the progeny seed, and repeating the crossing and growing steps with the cultivars HMX5108-derived plant from 0 to 7 times. Thus, any such methods using the cultivars HMX5108 are part of this invention: selfing, backcrosses, hybrid production, crosses to populations, and the like. All plants produced using cultivars HMX5108 as a parent are within the scope of this invention, including plants derived from cultivars HMX5108. Advantageously, the cultivar is used in crosses with other, different, cultivars to produce first generation (F.sub.1) bean seeds and plants with superior characteristics.

(41) As used herein, the term plant includes plant cells, plant protoplasts, plant cell tissue cultures from which garden bean plants can be regenerated, plant calli, plant clumps and plant cells that are intact in plants or parts of plants, such as embryos, pollen, ovules, flowers, seeds, pods, stems, roots, anthers, pistils, root tips, leaves, and the like.

(42) As is well known in the art, tissue culture of garden bean can be used for the in vitro regeneration of a garden bean plant. Tissue culture of various tissues of garden beans and regeneration of plants therefrom is well known and widely published. For example, reference may be had to McClean, P., Grafton, K. F., Regeneration of dry bean (Phaseolus vulgaris) via organogenesis, Plant Sci., 60, 117-122 (1989); Mergeai, G., Baudoin, J. P., Development of an in vitro culture method for heart-shaped embryo in Phaseolus vulgaris, B.I.C. Invit. Papers 33, 115-116 (1990); Vanderwesthuizen, A. J., Groenewald, E. G., Root Formation and Attempts to Establish Morphogenesis in Callus Tissues of Beans (Phaseolus-vulgaris L.), S. Afr. J. Bot. 56, 271-273 (2 Apr. 1990); Benedicic, D., et al., The regeneration of Phaseolus vulgaris L. plants from meristem culture, Abst. 5th I.A.P.T.C. Cong. 1, 91 (#A3-33) (1990); Genga, A., Allavena, A., Factors affecting morphogenesis from immature cotyledons of Phaseolus coccineus L., Abst. 5th I.A.P.T.C. Cong. 1, 101 (#A3-75) (1990); Vaquero, F., et al., Plant regeneration and preliminary studies on transformation of Phaseolus coccineus, Abst. 5th I.A.P.T.C. Cong. 1, 106 (#A3-93) (1990); Franklin, C. I., et al., Plant Regeneration from Seedling Explants of Green Bean (Phaseolus-Vulgaris L.) via Organogenesis, Plant Cell Tissue Org. Cult., 24, 199-206 (3 Mar. 1991); Malik, K. A., Saxena, P. K., Regeneration in Phaseolus-vulgaris L.Promotive Role of N6-Benzylaminopurine in Cultures from Juvenile Leaves, Planta, 184(1), 148-150 (1991); Genga, A., Allavena, A., Factors affecting morphogenesis from immature cotyledons of Phaseolus coccineus L., Plant Cell Tissue Org. Cult., 27, 189-196 (1991); Malik, K. A., Saxena, P. K., Regeneration in Phaseolus vulgaris L.High-Frequency Induction of Direct Shoot Formation in Intact Seedlings by N-6-Benzylaminopurine and Thidiazuron, 186, 384-389 (3 Feb. 1992); Malik, K. A., Saxena, P. K., Somatic Embryogenesis and Shoot Regeneration from Intact Seedlings of Phaseolus acutifolius A., P. aureus (L.) Wilczek, P. coccineus L., and P. wrightii L., Pl. Cell. Rep., 11, 163-168 (3 Apr. 1992); Chavez, J., et al., Development of an in vitro culture method for heart shaped embryo in Phaseolus polyanthus, B.I.C. Invit. Papers 35, 215-216 (1992); Munoz-Florez, L. C., et al., Finding out an efficient technique for inducing callus from Phaseolus microspores, B.I.C. Invit. Papers 35, 217-218 (1992); Vaquero, F., et al., A Method for Long-Term Micropropagation of Phaseolus coccineus L., L. Pl. Cell. Rep., 12, 395-398 (7-8 May 1993); Lewis, M. E., Bliss, F. A., Tumor Formation and beta-Glucuronidase Expression in Phaseolus vulgaris L. Inoculated with Agrobacterium Tumefaciens, Journal of the American Society for Horticultural Science, 119, 361-366 (2 Mar. 1994); Song, J. Y., et al., Effect of auxin on expression of the isopentenyl transferase gene (ipt) in transformed bean (Phaseolus vulgaris L.) single-cell clones induced by Agrobacterium tumefaciens C58, J. Plant Physiol. 146, 148-154 (1-2 May 1995). It is clear from the literature that the state of the art is such that these methods of obtaining plants are routinely used and have a very high rate of success. Thus, another aspect of this invention is to provide cells which upon growth and differentiation produce bean plants having the physiological and morphological characteristics of garden bean cultivars HMX4101, HMX4127, HMX4129, HMX5106, HMX5107 and/or HMX5108.

(43) As used herein, the term tissue culture indicates a composition comprising isolated cells of the same or a different type or a collection of such cells organized into parts of a plant. Exemplary types of tissue cultures are protoplasts, calli, plant clumps, and plant cells that can generate tissue culture that are intact in plants or parts of plants, such as embryos, pollen, flowers, seeds, pods, leaves, stems, roots, root tips, anthers, pistils and the like. Means for preparing and maintaining plant tissue culture are well known in the art. By way of example, a tissue culture comprising organs has been used to produce regenerated plants. U.S. Pat. Nos. 5,959,185, 5,973,234, and 5,977,445 describe certain techniques, the disclosures of which are incorporated herein by reference.

(44) With the advent of molecular biological techniques that have allowed the isolation and characterization of genes that encode specific protein products, scientists in the field of plant biology developed a strong interest in engineering the genome of plants to contain and express foreign genes, or additional, or modified versions of native, or endogenous, genes (perhaps driven by different promoters) in order to alter the traits of a plant in a specific manner. Such foreign additional and/or modified genes are referred to herein collectively as transgenes. Over the last fifteen to twenty years several methods for producing transgenic plants have been developed and the present invention, in particular embodiments, also relates to transformed versions of the claimed variety or line.

(45) Plant transformation involves the construction of an expression vector which will function in plant cells. Such a vector comprises DNA comprising a gene under control of, or operatively linked to, a regulatory element (for example, a promoter). The expression vector may contain one or more such operably linked gene/regulatory element combinations. The vector(s) may be in the form of a plasmid and can be used alone or in combination with other plasmids to provide transformed garden bean plants using transformation methods as described below to incorporate transgenes into the genetic material of the garden bean plant(s).

(46) Expression Vectors for Garden Bean Transformation: Marker Genes

(47) Expression vectors include at least one genetic marker operably linked to a regulatory element (a promoter, for example) that allows transformed cells containing the marker to be either recovered by negative selection, i.e., inhibiting growth of cells that do not contain the selectable marker gene, or by positive selection, i.e., screening for the product encoded by the genetic marker. Many commonly used selectable marker genes for plant transformation are well known in the transformation arts, and include, for example, genes that code for enzymes that metabolically detoxify a selective chemical agent which may be an antibiotic or an herbicide, or genes that encode an altered target which is insensitive to the inhibitor. A few positive selection methods are also known in the art.

(48) One commonly used selectable marker gene for plant transformation is the neomycin phosphotransferase II (nptII) gene which, when under the control of plant regulatory signals, confers resistance to kanamycin. Fraley, et al., Proc. Natl. Acad. Sci. USA, 80:4803 (1983). Another commonly used selectable marker gene is the hygromycin phosphotransferase gene which confers resistance to the antibiotic hygromycin. Vanden Elzen, et al., Plant Mol. Biol., 5:299 (1985).

(49) Additional selectable marker genes of bacterial origin that confer resistance to antibiotics include gentamycin acetyl transferase, streptomycin phosphotransferase and aminoglycoside-3-adenyl transferase, the bleomycin resistance determinant (Hayford, et al., Plant Physiol., 86:1216 (1988); Jones, et al., Mol. Gen. Genet., 210:86 (1987); Svab, et al., Plant Mol. Biol., 14:197 (1990); Hille, et al., Plant Mol. Biol., 7:171 (1986)). Other selectable marker genes confer resistance to herbicides such as glyphosate, glufosinate or bromoxynil (Comai, et al., Nature, 317:741-744 (1985); Gordon-Kamm, et al., Plant Cell, 2:603-618 (1990); and Stalker, et al., Science, 242:419-423 (1988)).

(50) Other selectable marker genes for plant transformation are not of bacterial origin. These genes include, for example, mouse dihydrofolate reductase, plant 5-enolpyruvylshikimate-3-phosphate synthase and plant acetolactate synthase. Eichholtz, et al., Somatic Cell Mol. Genet., 13:67 (1987); Shah, et al., Science, 233:478 (1986); and Charest, et al., Plant Cell Rep., 8:643 (1990).

(51) Another class of marker genes for plant transformation requires screening of presumptively transformed plant cells rather than direct genetic selection of transformed cells for resistance to a toxic substance such as an antibiotic. These genes are particularly useful to quantify or visualize the spatial pattern of expression of a gene in specific tissues and are frequently referred to as reporter genes because they can be fused to a gene or gene regulatory sequence for the investigation of gene expression. Commonly used genes for screening presumptively transformed cells include -glucuronidase (GUS), -galactosidase, luciferase, and chloramphenicol acetyltransferase (Jefferson, R. A., Plant Mol. Biol. Rep., 5:387 (1987); Teeri, et al., EMBO J., 8:343 (1989); Koncz, et al., Proc. Natl. Acad. Sci. USA, 84:131 (1987); DeBlock, et al., EMBO J., 3:1681 (1984)).

(52) In vivo methods for visualizing GUS activity that do not require destruction of plant tissue are available. However, these in vivo methods for visualizing GUS activity have not proven useful for recovery of transformed cells because of low sensitivity, high fluorescent backgrounds and limitations associated with the use of luciferase genes as selectable markers.

(53) A gene encoding Green Fluorescent Protein (GFP) has been utilized as a marker for gene expression in prokaryotic and eukaryotic cells (Chalfie, et al., Science, 263:802 (1994)). GFP and mutants of GFP may be used as screenable markers.

(54) Expression Vectors for Garden Bean Transformation: Promoters

(55) Genes included in expression vectors must be driven by a nucleotide sequence comprising a regulatory element, for example, a promoter. Several types of promoters are well known in the transformation arts as are other regulatory elements that can be used alone or in combination with promoters.

(56) As used herein, promoter includes reference to a region of DNA upstream from the start of transcription and involved in recognition and binding of RNA polymerase and other proteins to initiate transcription. A plant promoter is a promoter capable of initiating transcription in plant cells. Examples of promoters under developmental control include promoters that preferentially initiate transcription in certain tissues, such as leaves, roots, seeds, fibers, xylem vessels, tracheids, or sclerenchyma. Such promoters are referred to as tissue-preferred. Promoters that initiate transcription only in a certain tissue are referred to as tissue-specific. A cell-type specific promoter primarily drives expression in certain cell types in one or more organs, for example, vascular cells in roots or leaves. An inducible promoter is a promoter which is under environmental control. Examples of environmental conditions that may effect transcription by inducible promoters include anaerobic conditions or the presence of light. Tissue-specific, tissue-preferred, cell-type specific, and inducible promoters constitute the class of non-constitutive promoters. A constitutive promoter is a promoter that is active under most environmental conditions.

(57) A. Inducible PromotersAn inducible promoter is operably linked to a gene for expression in garden bean. Optionally, the inducible promoter is operably linked to a nucleotide sequence encoding a signal sequence which is operably linked to a gene for expression in garden bean. With an inducible promoter the rate of transcription increases in response to an inducing agent.

(58) Any inducible promoter can be used in the instant invention. See, Ward, et al., Plant Mol. Biol., 22:361-366 (1993). Exemplary inducible promoters include, but are not limited to, that from the ACEI system which responds to copper (Mett, et al., Proc. Natl. Acad. Sci. USA, 90:4567-4571 (1993)); In2 gene from maize which responds to benzenesulfonamide herbicide safeners (Gatz, et al., Mol. Gen. Genetics, 243:32-38 (1994)), or Tet repressor from Tn10 (Gatz, et al., Mol. Gen. Genetics, 227:229-237 (1991)). A particularly preferred inducible promoter is a promoter that responds to an inducing agent to which plants do not normally respond. An exemplary inducible promoter is the inducible promoter from a steroid hormone gene, the transcriptional activity of which is induced by a glucocorticosteroid hormone (Schena, et al., Proc. Natl. Acad. Sci. USA, 88:0421 (1991)).

(59) B. Constitutive PromotersA constitutive promoter is operably linked to a gene for expression in garden bean or the constitutive promoter is operably linked to a nucleotide sequence encoding a signal sequence which is operably linked to a gene for expression in garden bean.

(60) Many different constitutive promoters can be utilized in the instant invention. Exemplary constitutive promoters include, but are not limited to, the promoters from plant viruses such as the 35S promoter from CaMV (Odell, et al., Nature, 313:810-812 (1985)) and the promoters from such genes as rice actin (McElroy, et al., Plant Cell 2, 163-171 (1990)); ubiquitin (Christensen, et al., Plant Mol. Biol., 12:619-632 (1989) and Christensen, et al., Plant Mol. Biol., 18:675-689 (1992)); pEMU (Last, et al., Theor. Appl. Genet., 81:581-588 (1991)); MAS (Velten, et al., EMBO J., 3:2723-2730 (1984)) and maize H3 histone (Lepetit, et al., Mol. Gen. Genetics, 231:276-285 (1992) and Atanassova, et al., Plant Journal, 2 (3):291-300 (1992)). The ALS promoter, Xbal/Ncol fragment 5 to the Brassica napus ALS3 structural gene (or a nucleotide sequence similarity to said Xbal/Ncol fragment), represents a particularly useful constitutive promoter. See, PCT Application WO 96/30530.

(61) C. Tissue-specific or Tissue-preferred PromotersA tissue-specific promoter is operably linked to a gene for expression in garden bean. Optionally, the tissue-specific promoter is operably linked to a nucleotide sequence encoding a signal sequence which is operably linked to a gene for expression in garden bean. Plants transformed with a gene of interest operably linked to a tissue-specific promoter produce the protein product of the transgene exclusively, or preferentially, in a specific tissue.

(62) Any tissue-specific or tissue-preferred promoter can be utilized in the instant invention. Exemplary tissue-specific or tissue-preferred promoters include, but are not limited to, a root-preferred promoter such as that from the phaseolin gene (Murai, et al., Science, 23:476-482 (1983) and Sengupta-Gopalan, et al., Proc. Natl. Acad. Sci. USA 82:3320-3324 (1985)); a leaf-specific and light-induced promoter such as that from cab or rubisco (Simpson, et al., EMBO J., 4(11):2723-2729 (1985) and Timko, et al., Nature, 318:579-582 (1985)); an anther-specific promoter such as that from LAT52 (Twell, et al., Mol. Gen. Genetics, 217:240-245 (1989)); a pollen-specific promoter such as that from Zm13 or a microspore-preferred promoter such as that from apg (Twell, et al., Sex. Plant Reprod., 6:217-224 (1993)).

(63) Signal Sequences for Targeting Proteins to Subcellular Compartments

(64) Transport of protein produced by transgenes to a subcellular compartment such as the chloroplast, vacuole, peroxisome, glyoxysome, cell wall, or mitochondrion or for secretion into the apoplast, is accomplished by means of operably linking the nucleotide sequence encoding a signal sequence to the 5 and/or 3 region of a gene encoding the protein of interest. Targeting sequences at the 5 and/or 3 end of the structural gene may determine during protein synthesis and processing where the encoded protein is ultimately compartmentalized.

(65) The presence of a signal sequence directs a polypeptide to either an intracellular organelle or subcellular compartment or for secretion to the apoplast. Many signal sequences are known in the art. See, for example, Becker, et al., Plant Mol. Biol., 20:49 (1992); Knox, C., et al., Structure and Organization of Two Divergent Alpha-Amylase Genes from Barley, Plant Mol. Biol., 9:3-17 (1987); Lerner, et al., Plant Physiol., 91:124-129 (1989); Fontes, et al., Plant Cell, 3:483-496 (1991); Matsuoka, et al., Proc. Natl. Acad. Sci., 88:834 (1991); Gould, et al., J. Cell. Biol., 108:1657 (1989); Creissen, et al., Plant J., 2:129 (1991); Kalderon, et al., Cell, 39:499-509 (1984); Steifel, et al., Expression of a maize cell wall hydroxyproline-rich glycoprotein gene in early leaf and root vascular differentiation, Plant Cell, 2:785-793 (1990).

(66) Foreign Protein Genes and Agronomic Genes

(67) With transgenic plants according to the present invention, a foreign protein can be produced in commercial quantities. Thus, techniques for the selection and propagation of transformed plants, which are well understood in the art, yield a plurality of transgenic plants which are harvested in a conventional manner, and a foreign protein then can be extracted from a tissue of interest or from total biomass. Protein extraction from plant biomass can be accomplished by known methods which are discussed, for example, by Heney and Orr, Anal. Biochem., 114:92-6 (1981).

(68) According to a preferred embodiment, the transgenic plant provided for commercial production of foreign protein is a garden bean plant. In another preferred embodiment, the biomass of interest is seed. For the relatively small number of transgenic plants that show higher levels of expression, a genetic map can be generated, primarily via conventional RFLP, PCR and SSR analysis, which identifies the approximate chromosomal location of the integrated DNA molecule. For exemplary methodologies in this regard, see Methods in Plant Molecular Biology and Biotechnology, Glick and Thompson Eds., CRC Press, Inc., Boca Raton, 269:284 (1993). Map information concerning chromosomal location is useful for proprietary protection of a subject transgenic plant. If unauthorized propagation is undertaken and crosses made with other germplasm, the map of the integration region can be compared to similar maps for suspect plants, to determine if the latter have a common parentage with the subject plant. Map comparisons would involve hybridizations, RFLP, PCR, SSR, and sequencing, all of which are conventional techniques.

(69) Likewise, by means of the present invention, agronomic genes can be expressed in transformed plants. More particularly, plants can be genetically engineered to express various phenotypes of agronomic interest. Exemplary genes implicated in this regard include, but are not limited to, those categorized below:

(70) 1. Genes that Confer Resistance to Pests or Disease and that Encode:

(71) A. Plant disease resistance genes. Plant defences are often activated by specific interaction between the product of a disease resistance gene (R) in the plant and the product of a corresponding avirulence (Avr) gene in the pathogen. A plant variety can be transformed with one or more cloned resistance genes to engineer plants that are resistant to specific pathogen strains. See, for example, Jones, et al., Science, 266:789 (1994) (cloning of the tomato Cf-9 gene for resistance to Cladosporium fulvum); Martin, et al., Science, 262:1432 (1993) (tomato Pto gene for resistance to Pseudomonas syringae pv. tomato encodes a protein kinase); Mindrinos, et al., Cell, 78:1089 (1994) (Arabidopsis RSP2 gene for resistance to Pseudomonas syringae).

(72) B. A Bacillus thuringiensis protein, a derivative thereof or a synthetic polypeptide modelled thereon. See, for example, Geiser, et al., Gene, 48:109 (1986), who disclose the cloning and nucleotide sequence of a Bt -endotoxin gene. Moreover, DNA molecules encoding -endotoxin genes can be purchased from American Type Culture Collection, Manassas, Va., for example, under ATCC Accession Nos. 40098, 67136, 31995, and 31998.

(73) C. A lectin. See, for example, Van Damme, et al., Plant Molec. Biol., 24:25 (1994), who disclose the nucleotide sequences of several Clivia miniata mannose-binding lectin genes.

(74) D. A vitamin-binding protein such as avidin. See, PCT Application US 93/06487 which teaches the use of avidin and avidin homologues as larvicides against insect pests.

(75) E. An enzyme inhibitor, for example, a protease or proteinase inhibitor or an amylase inhibitor. See, for example, Abe, et al., J. Biol. Chem., 262:16793 (1987) (nucleotide sequence of rice cysteine proteinase inhibitor); Huub, et al., Plant Molec. Biol., 21:985 (1993) (nucleotide sequence of cDNA encoding tobacco proteinase inhibitor I); Sumitani, et al., Biosci. Biotech. Biochem., 57:1243 (1993) (nucleotide sequence of Streptomyces nitrosporeus -amylase inhibitor).

(76) F. An insect-specific hormone or pheromone such as an ecdysteroid or juvenile hormone, a variant thereof, a mimetic based thereon, or an antagonist or agonist thereof. See, for example, the disclosure by Hammock, et al., Nature, 344:458 (1990), of baculovirus expression of cloned juvenile hormone esterase, an inactivator of juvenile hormone.

(77) G. An insect-specific peptide or neuropeptide which, upon expression, disrupts the physiology of the affected pest. For example, see the disclosure of Pratt, et al., Biochem. Biophys. Res. Comm., 163:1243 (1989) (an allostatin is identified in Diploptera puntata). See also, U.S. Pat. No. 5,266,317 to Tomalski, et al., which discloses genes encoding insect-specific, paralytic neurotoxins.

(78) H. An insect-specific venom produced in nature by a snake, a wasp, etc. For example, see Pang, et al., Gene, 116:165 (1992), for disclosure of heterologous expression in plants of a gene coding for a scorpion insectotoxic peptide.

(79) I. An enzyme responsible for a hyperaccumulation of a monoterpene, a sesquiterpene, a steroid, hydroxamic acid, a phenylpropanoid derivative or another non-protein molecule with insecticidal activity.

(80) J. An enzyme involved in the modification, including the post-translational modification, of a biologically active molecule, for example, a glycolytic enzyme, a proteolytic enzyme, a lipolytic enzyme, a nuclease, a cyclase, a transaminase, an esterase, a hydrolase, a phosphatase, a kinase, a phosphorylase, a polymerase, an elastase, a chitinase, and a glucanase, whether natural or synthetic. See, PCT Application WO 93/02197 (Scott, et al.), which discloses the nucleotide sequence of a callase gene. DNA molecules which contain chitinase-encoding sequences can be obtained, for example, from the ATCC under Accession Nos. 39637 and 67152. See also, Kramer, et al., Insect Biochem. Molec. Biol., 23:691 (1993), who teach the nucleotide sequence of a cDNA encoding tobacco hornworm chitinase, and Kawalleck, et al., Plant Molec. Biol., 21:673 (1993), who provide the nucleotide sequence of the parsley ubi4-2 polyubiquitin gene.

(81) K. A molecule that stimulates signal transduction. For example, see the disclosure by Botella, et al., Plant Molec. Biol., 24:757 (1994), of nucleotide sequences for mung bean calmodulin cDNA clones, and Griess, et al., Plant Physiol., 104:1467 (1994), who provide the nucleotide sequence of a maize calmodulin cDNA clone.

(82) L. A hydrophobic moment peptide. See, PCT Application WO 95/16776, which discloses peptide derivatives of tachyplesin which inhibit fungal plant pathogens, and PCT Application WO 95/18855, which teaches synthetic antimicrobial peptides that confer disease resistance.

(83) M. A membrane permease, a channel former, or a channel blocker. For example, see the disclosure of Jaynes, et al., Plant Sci, 89:43 (1993), of heterologous expression of a cecropin- lytic peptide analog to render transgenic tobacco plants resistant to Pseudomonas solanacearum.

(84) N. A viral-invasive protein or a complex toxin derived therefrom. For example, the accumulation of viral coat proteins in transformed plant cells imparts resistance to viral infection and/or disease development effected by the virus from which the coat protein gene is derived, as well as by related viruses. See, Beachy, et al., Ann. Rev. Phytopathol., 28:451 (1990). Coat protein-mediated resistance has been conferred upon transformed plants against alfalfa mosaic virus, cucumber mosaic virus and tobacco streak virus, potato virus X, potato virus Y, tobacco etch virus, tobacco rattle virus, and tobacco mosaic virus. Id.

(85) O. An insect-specific antibody or an immunotoxin derived therefrom. Thus, an antibody targeted to a critical metabolic function in the insect gut would inactivate an affected enzyme, killing the insect.

(86) P. A virus-specific antibody. See, for example, Tavladoraki, et al., Nature, 366:469 (1993), who show that transgenic plants expressing recombinant antibody genes are protected from virus attack.

(87) Q. A developmental-arrestive protein produced in nature by a pathogen or a parasite. Thus, fungal endo--1, 4-D-polygalacturonases facilitate fungal colonization and plant nutrient release by solubilising plant cell wall homo--1,4-D-galacturonase. See, Lamb, et al., Bio/Technology, 10:1436 (1992).

(88) R. A developmental-arrestive protein produced in nature by a plant. For example, Logemann, et al., Bio/Technology, 10:305 (1992), have shown that transgenic plants expressing the barley ribosome-inactivating gene have an increased resistance to fungal disease.

(89) S. Genes involved in the Systemic Acquired Resistance (SAR) Response and/or the pathogenesis-related genes. Briggs, S., Plant disease resistance. Grand unification system theory in sight, Current Biology, 5(2) (1995).

(90) T. Antifungal genes. See, Cornelissen and Melchers, Strategies for Control of Fungal Diseases with Transgenic Plants, Plant Physiol., 101:709-712 (1993); and Bushnell, et al., Genetic Engineering of Disease Resistance in Cereal, Can. J. of Plant Path., 20(2):137-149 (1998).

(91) 2. Genes that Confer Resistance to an Herbicide, for Example:

(92) A. An herbicide that inhibits the growing point or meristem, such as an imidazolinone or a sulfonylurea. Exemplary genes in this category code for mutant ALS and AHAS enzyme as described, for example, by Lee, et al., EMBO J., 7:1241 (1988), and Miki, et al., Theor. Appl. Genet., 80:449 (1990), respectively.

(93) B. Glyphosate (resistance conferred by mutant 5-enolpyruvlshikimate-3-phosphate synthase (EPSPS) and aroA genes, respectively) and other phosphono compounds such as glufosinate (phosphinothricin acetyl transferase (PAT) and Streptomyces hygroscopicus PAT bar genes), and pyridinoxy or phenoxy proprionic acids and cyclohexones (ACCase inhibitor-encoding genes). See, for example, U.S. Pat. No. 4,940,835 to Shah, et al., which discloses the nucleotide sequence of a form of EPSPS which can confer glyphosate resistance. A DNA molecule encoding a mutant aroA gene can be obtained under ATCC Accession No. 39256, and the nucleotide sequence of the mutant gene is disclosed in U.S. Pat. No. 4,769,061 to Comai. European Patent Application No. 0 333 033 to Kumada, et al., and U.S. Pat. No. 4,975,374 to Goodman, et al., disclose nucleotide sequences of glutamine synthetase genes which confer resistance to herbicides such as L-phosphinothricin. See also, Russel, D. R., et al., Plant Cell Report, 12:3 165-169 (1993). The nucleotide sequence of a phosphinothricin-acetyl-transferase (PAT) gene is provided in European Application No. 0 242 246 to Leemans, et al. DeGreef, et al., Bio/Technology, 7:61 (1989) describe the production of transgenic plants that express chimeric bar genes coding for phosphinothricin acetyl transferase activity. Exemplary of genes conferring resistance to phenoxy proprionic acids and cyclohexones, such as sethoxydim and haloxyfop, are the Acc1-S1, Acc1-S2, and Acc2-S3 genes described by Marshall, et al., Theor. Appl. Genet., 83:435 (1992).

(94) C. An herbicide that inhibits photosynthesis, such as a triazine (psbA and gs+ genes) and a benzonitrile (nitrilase gene). Przibila, et al., Plant Cell, 3:169 (1991), describe the transformation of Chlamydomonas with plasmids encoding mutant psbA genes. Nucleotide sequences for nitrilase genes are disclosed in U.S. Pat. No. 4,810,648 to Stalker and DNA molecules containing these genes are available under ATCC Accession Nos. 53435, 67441, and 67442. Cloning and expression of DNA coding for a glutathione S-transferase is described by Hayes, et al., Biochem. J., 285:173 (1992).

(95) D. Acetohydroxy acid synthase, which has been found to make plants that express this enzyme resistant to multiple types of herbicides, has been introduced into a variety of plants. See, Hattori, et al., An Acetohydroxy acid synthase mutant reveals a single site involved in multiple herbicide resistance, Mol. Gen. Genet., 246:419-425 (1995). Other genes that confer tolerance to herbicides include a gene encoding a chimeric protein of rat cytochrome P4507A1 and yeast NADPH-cytochrome P450 oxidoreductase (Shiota, et al., Herbicide-resistant Tobacco Plants Expressing the Fused Enzyme between Rat Cytochrome P4501A1 (CYP1A1) and Yeast NADPH-Cytochrome P450 Oxidoreductase, Plant Physiol., 106:17 (1994)), genes for glutathione reductase and superoxide dismutase (Aono, et al., Paraquat tolerance of transgenic Nicotiana tabacum with enhanced activities of glutathione reductase and superoxide dismutase, Plant Cell Physiol., 36:1687 (1995)), and genes for various phosphotransferases (Datta, et al., Herbicide-resistant Indica rice plants from IRRI breeding line IR72 after PEG-mediated transformation of protoplants, Plant Mol. Biol., 20:619 (1992).

(96) E. Protoporphyrinogen oxidase (protox) is necessary for the production of chlorophyll, which is necessary for all plant survival. The protox enzyme serves as the target for a variety of herbicidal compounds. These herbicides also inhibit growth of all the different species of plants present, causing their total destruction. The development of plants containing altered protox activity which are resistant to these herbicides are described in U.S. Pat. Nos. 6,288,306, 6,282,837, 5,767,373, and International Publication WO 01/12825.

(97) 3. Genes that Confer or Contribute to a Value-Added Trait, Such as:

(98) A. Delayed and attenuated symptoms to Bean Golden Mosaic Geminivirus (BGMV), for example, by transforming a plant with antisense genes from the Brazilian BGMV. See, Arago, et al., Molecular Breeding, 4:6, 491-499 (1998).

(99) B. Increased the bean content in Methionine by introducing a transgene coding for a Methionine rich storage albumin (2S-albumin) from the Brazil nut as described in Arago, et al., Genetics and Molecular Biology., 22:3, 445-449 (1999).

(100) Methods for Garden Bean Transformation

(101) Numerous methods for plant transformation have been developed including biological and physical plant transformation protocols. See, for example, Miki, et al., Procedures for Introducing Foreign DNA into Plants, in Methods in Plant Molecular Biology and Biotechnology, Glick and Thompson Eds., CRC Press, Inc., Boca Raton, pp. 67-88 (1993). In addition, expression vectors and in-vitro culture methods for plant cell or tissue transformation and regeneration of plants are available. See, for example, Gruber, et al., Vectors for Plant Transformation in Methods in Plant Molecular Biology and Biotechnology, Glick and Thompson Eds., CRC Press, Inc., Boca Raton, pp. 89-119 (1993).

(102) A. Agrobacterium-mediated TransformationOne method for introducing an expression vector into plants is based on the natural transformation system of Agrobacterium. See, for example, Horsch, et al., Science, 227:1229 (1985); Diant, et al., Molecular Breeding, 3:1, 75-86 (1997). A. tumefaciens and A. rhizogenes are plant pathogenic soil bacteria which genetically transform plant cells. The Ti and Ri plasmids of A. tumefaciens and A. rhizogenes, respectively, carry genes responsible for genetic transformation of the plant. See, for example, Kado, C. I., Crit. Rev. Plant Sci., 10:1 (1991). Descriptions of Agrobacterium vector systems and methods for Agrobacterium-mediated gene transfer are provided by Gruber, et al., supra, Miki, et al., supra, and Moloney, et al., Plant Cell Reports, 8:238 (1989). See also, U.S. Pat. No. 5,591,616 issued Jan. 7, 1997.

(103) B. Direct Gene TransferDespite the fact the host range for Agrobacterium-mediated transformation is broad, some cereal or vegetable crop species and gymnosperms have generally been recalcitrant to this mode of gene transfer, even though some success has been achieved in rice and corn. Hiei, et al., The Plant Journal, 6:271-282 (1994) and U.S. Pat. No. 5,591,616 issued Jan. 7, 1997. Several methods of plant transformation, collectively referred to as direct gene transfer, have been developed as an alternative to Agrobacterium-mediated transformation. A generally applicable method of plant transformation is microprojectile-mediated transformation where DNA is carried on the surface of microprojectiles measuring 1 to 4 microns. The expression vector is introduced into plant tissues with a biolistic device that accelerates the microprojectiles to speeds of 300 to 600 m/s which is sufficient to penetrate plant cell walls and membranes. Russell, D. R., et al., Pl. Cell. Rep., 12, 165-169 (3 Jan. 1993); Aragao, F. J. L., et al., Plant Mol. Biol., 20, 357-359 (2 Oct. 1992); Aragao, Theor. Appl. Genet., 93:142-150 (1996); Kim, J.; Minamikawa, T., Plant Science, 117:131-138 (1996); Sanford, et al., Part. Sci. Technol., 5:27 (1987); Sanford, J. C., Trends Biotech., 6:299 (1988); Klein, et al., Bio/Tech., 6:559-563 (1988); Sanford, J. C., Physiol Plant, 7:206 (1990); Klein, et al., Biotechnology, 10:268 (1992).

(104) Another method for physical delivery of DNA to plants is sonication of target cells. Zhang, et al., Bio/Technology, 9:996 (1991). Alternatively, liposome and spheroplast fusion have been used to introduce expression vectors into plants. Deshayes, et al., EMBO J., 4:2731 (1985); Christou, et al., Proc Natl. Acad. Sci. USA, 84:3962 (1987). Direct uptake of DNA into protoplasts using CaCl.sub.2 precipitation, polyvinyl alcohol or poly-L-ornithine have also been reported. Hain, et al., Mol. Gen. Genet., 199:161 (1985) and Draper, et al., Plant Cell Physiol., 23:451 (1982). Electroporation of protoplasts and whole cells and tissues have also been described Saker, M. and Kuhne, T., Biologia Plantarum, 40(4):507-514 (1997/98); D'Halluin, et al., Plant Cell, 4:1495-1505 (1992); and Spencer, et al., Plant Mol. Biol., 24:51-61 (1994)).

(105) Following transformation of garden bean target tissues, expression of the above-described selectable marker genes allows for preferential selection of transformed cells, tissues and/or plants, using regeneration and selection methods well known in the art.

(106) The foregoing methods for transformation would typically be used for producing a transgenic variety. The transgenic variety could then be crossed with another (non-transformed or transformed) variety in order to produce a new transgenic variety. Alternatively, a genetic trait that has been engineered into a particular garden bean line using the foregoing transformation techniques could be moved into another line using traditional backcrossing techniques that are well known in the plant breeding arts. For example, a backcrossing approach could be used to move an engineered trait from a public, non-elite variety into an elite variety, or from a variety containing a foreign gene in its genome into a variety or varieties that do not contain that gene. As used herein, crossing can refer to a simple X by Y cross or the process of backcrossing depending on the context.

(107) Backcrossing

(108) When the term garden bean plant, cultivar or bean line are used in the context of the present invention, this also includes cultivars where one or more desired traits has been introduced through backcrossing methods, whether such trait is a naturally occurring one or a transgenic one. Backcrossing methods can be used with the present invention to improve or introduce a characteristic into the line. The term backcrossing as used herein refers to the repeated crossing of a hybrid progeny back to the recurrent parent, i.e., backcrossing one, two, three, four, five, six, seven, eight, nine, or more times to the recurrent parent. The parental bean plant which contributes the gene for the desired characteristic is termed the nonrecurrent or donor parent. This terminology refers to the fact that the nonrecurrent parent is used one time in the backcross protocol and therefore does not recur. The parental bean plant to which the gene or genes from the nonrecurrent parent are transferred is known as the recurrent parent as it is used for several rounds in the backcrossing protocol.

(109) In a typical backcross protocol, the original cultivar of interest (recurrent parent) is crossed to a second line (nonrecurrent parent) that carries the gene or genes of interest to be transferred. The resulting progeny from this cross are then crossed again to the recurrent parent and the process is repeated until a garden bean plant is obtained wherein essentially all of the desired morphological and physiological characteristics of the recurrent parent are recovered in the converted plant, generally determined at a 5% significance level when grown in the same environmental condition, in addition to the gene or genes transferred from the nonrecurrent parent. It has to be noted that some, one, two, three, or more, self-pollination and growing of population might be included between two successive backcrosses. Indeed, an appropriate selection in the population produced by the self-pollination, i.e., selection for the desired trait and physiological and morphological characteristics of the recurrent parent might be equivalent to one, two or even three, additional backcrosses in a continuous series without rigorous selection, saving time, money and effort to the breeder. A non limiting example of such a protocol would be the following: (a) the first generation F.sub.1 produced by the cross of the recurrent parent A by the donor parent B is backcrossed to parent A; (b) selection is practiced for the plants having the desired trait of parent B; (c) selected plants are self-pollinated to produce a population of plants where selection is practiced for the plants having the desired trait of parent B and the physiological and morphological characteristics of parent A; (d) the selected plants are backcrossed one, two, three, four, five, six, seven, eight, nine, or more times to parent A to produce selected backcross progeny plants comprising the desired trait of parent B and the physiological and morphological characteristics of parent A. Step (c) may or may not be repeated and included between the backcrosses of step (d).

(110) The selection of a suitable recurrent parent is an important step for a successful backcrossing procedure. The goal of a backcross protocol is to alter or substitute a single trait or characteristic in the original line. To accomplish this, a gene or genes of the recurrent cultivar is modified or substituted with the desired gene from the nonrecurrent parent, while retaining essentially all of the rest of the desired genetic, and therefore the desired physiological and morphological, constitution of the original line. The choice of the particular nonrecurrent parent will depend on the purpose of the backcross, one of the major purposes is to add some commercially desirable, agronomical important trait to the plant. The exact backcrossing protocol will depend on the characteristic or trait being altered to determine an appropriate testing protocol. Although backcrossing methods are simplified when the characteristic being transferred is a single gene and dominant allele, multiple genes and recessive allele(s) may also be transferred and therefore, backcross breeding is by no means restricted to character(s) governed by one or a few genes. In fact the number of genes might be less important than the identification of the character(s) in the segregating population. In this instance it may then be necessary to introduce a test of the progeny to determine if the desired characteristic(s) has been successfully transferred. Such tests encompass visual inspection, simple crossing but also follow up of the characteristic(s) through genetically associated markers and molecular assisted breeding tools. For example, selection of progeny containing the transferred trait is done by direct selection, visual inspection for a trait associated with a dominant allele, while the selection of progeny for a trait that is transferred via a recessive allele requires selfing the progeny to determine which plant carries the recessive allele(s).

(111) Many single gene traits have been identified that are not regularly selected for in the development of a new line but that can be improved by backcrossing techniques. Single gene traits may or may not be transgenic. Examples of these traits include, but are not limited to, herbicide resistance (such as bar or pat genes), resistance for bacterial, fungal, or viral disease (such as gene I used for BCMV resistance), insect resistance, enhanced nutritional quality (such as 2s albumine gene), industrial usage, agronomic qualities (such as the persistent green gene), yield stability, and yield enhancement. These genes are generally inherited through the nucleus. Some other single gene traits are described in U.S. Pat. Nos. 5,777,196, 5,948,957, and 5,969,212, the disclosures of which are specifically hereby incorporated by reference.

(112) In 1981 the backcross method of breeding accounted for 17% of the total breeding effort for inbred corn line development in the United States, according to, Hallauer, A. R., et al., Corn Breeding, Corn and Corn Improvement, No. 18, pp. 463-481 (1988).

(113) The backcross breeding method provides a precise way of improving varieties that excel in a large number of attributes but are deficient in a few characteristics. (Page 150 of the Pr. R. W. Allard's 1960 book, Principles of Plant Breeding, published by John Wiley & Sons, Inc.) The method makes use of a series of backcrosses to the variety to be improved during which the character or the characters in which improvement is sought is maintained by selection. At the end of the backcrossing the gene or genes being transferred unlike all other genes, will be heterozygous. Selfing after the last backcross produces homozygosity for this gene pair(s) and, coupled with selection, will result in a variety with exactly the adaptation, yielding ability, and quality characteristics of the recurrent parent but superior to that parent in the particular characteristic(s) for which the improvement program was undertaken. Therefore, this method provides the plant breeder with a high degree of genetic control of his work.

(114) The backcross method is scientifically exact because the morphological and agricultural features of the improved variety could be described in advance and because the same variety could, if it were desired, be bred a second time by retracing the same steps (Briggs, Breeding wheats resistant to bunt by the backcross method, Jour. Amer. Soc. Agron., 22:289-244 (1930)).

(115) Backcrossing is a powerful mechanism for achieving homozygosity and any population obtained by backcrossing must rapidly converge on the genotype of the recurrent parent. When backcrossing is made the basis of a plant breeding program, the genotype of the recurrent parent will be modified only with regards to genes being transferred, which are maintained in the population by selection.

(116) Successful backcrosses are, for example, the transfer of stem rust resistance from Hope wheat to Bart wheat and even pursuing the backcrosses with the transfer of bunt resistance to create Bart 38, having both resistances. Also highlighted by Allard is the successful transfer of mildew, leaf spot and wilt resistances in California Common alfalfa to create Caliverde. This new Caliverde variety produced through the backcross process is indistinguishable from California Common except for its resistance to the three named diseases.

(117) One of the advantages of the backcross method is that the breeding program can be carried out in almost every environment that will allow the development of the character being transferred.

(118) The backcross technique is not only desirable when breeding for disease resistance but also for the adjustment of morphological characters, color characteristics, and simply inherited quantitative characters, such as earliness, plant height, and seed size and shape. In this regard, a medium grain type variety, Calady, has been produced by Jones and Davis. As dealing with quantitative characteristics, they selected the donor parent with the view of sacrificing some of the intensity of the character for which it was chosen, i.e., grain size. Lady Wright, a long grain variety was used as the donor parent and Coloro, a short grain variety as the recurrent parent. After four backcrosses, the medium grain type variety Calady was produced.

DEPOSIT INFORMATION

(119) A deposit of the garden bean seeds of this invention is maintained by Harris Moran Seed Company, Sun Prairie Research Station, 1677 Muller Road, Sun Prairie, Wis. 53590. In addition, a sample of the garden bean seed of this invention has been deposited with the National Collections of Industrial, Food and Marine Bacteria (NCIMB), 23 St Machar Drive, Aberdeen, Scotland, AB24 3RY, United Kingdom.

(120) To satisfy the enablement requirements of 35 U.S.C. 112, and to certify that the deposit of the isolated strain of the present invention meets the criteria set forth in 37 CFR 1.801-1.809, Applicants hereby make the following statements regarding the deposited garden bean cultivar HMX5107 (deposited as NCIMB Accession No. 43120).

(121) 1. During the pendency of this application, access to the invention will be afforded to the Commissioner upon request;

(122) 2. Upon granting of the patent the strain will be available to the public under conditions specified in 37 CFR 1.808;

(123) 3. The deposit will be maintained in a public repository for a period of 30 years or 5 years after the last request or for the enforceable life of the patent, whichever is longer; and

(124) 4. The viability of the biological material at the time of deposit will be tested; and

(125) 5. The deposit will be replaced if it should ever become unavailable.

(126) Access to this deposit will be available during the pendency of this application to persons determined by the Commissioner of Patents and Trademarks to be entitled thereto under 37 C.F.R. 1.14 and 35 U.S.C. 122. Upon allowance of any claims in this application, all restrictions on the availability to the public of the variety will be irrevocably removed by affording access to a deposit of at least 2,500 seeds of the same variety with the NCIMB.

(127) The invention will be irrevocably and without restriction released to the public upon the issuance of a patent.

(128) In Table 7, the traits and characteristics of garden bean cultivar HMX 4101 are compared to the Caprice variety of garden beans. The data was collected from two field locations in the United States. The field tests are experimental trials and have been made under supervision of the applicant.

(129) The first column shows the variety name.

(130) The second column shows the location of testing. Heath indicates Coloma, Wis., SunPrairie indicates Sun Prairie, Wis.; spr indicates spring-time; and fall indicates fall-time. The number 1, 2, 3, or 4 indicates the first, second, third, or fourth planting at the location.

(131) The third column shows the plant height in inches.

(132) The fourth column shows the plant width in inches.

(133) The fifth column indicates the plant habit (structure) with 1=prone (or sprawling) and 9=upright (or erect).

(134) The sixth column indicates the pod length in millimeters.

(135) The seventh column shows the relative pod color with 1=light and 9=dark.

(136) The eighth column shows the relative maturity (the number of days to edible pods).

(137) The ninth column shows the leaf color with 1=light and 9=dark

(138) The tenth column shows the leaf size with 1=small and 9=large

(139) The eleventh column shows the leaf surface 1=dull and 9=glossy

(140) TABLE-US-00007 TABLE 7 Characteristic Comparisons for Field Trials Plant Plant Plant Pod Pod Leaf Leaf Leaf Variety LOCATION Height Width Habit Length Color Maturity Color Size Surface HMX 4101 Heath2 17 18 6 130 6 57 7 5 7 SunPrairie1 20 21 6 135 6 58 7 4 7 SunPrairie2 16 20 6 130 6 59 7 5 7 17.7 19.7 6.0 131.7 6.0 58.0 7.0 4.7 7.0 Caprice Heath2 16 16 6 130 6 58 7 5 7 SunPrairie1 22 22 6 150 6 58 7 5 7 SunPrairie2 16 19 6 155 6 59 7 5 7 18.0 19.0 6.0 145.0 6.0 58.3 7.0 5.0 7.0

(141) In Table 8, the traits and characteristics of garden bean cultivar HMX 4127 are compared to the Navarro variety of garden beans. The data was collected from two field locations in the United States. The field tests are experimental trials and have been made under supervision of the applicant.

(142) The first column shows the variety name.

(143) The second column shows the location of testing. Heath indicates Coloma, Wis., SunPrairie indicates Sun Prairie, Wis.; spr indicates spring-time; and fall indicates fall-time. The number 1, 2, 3, or 4 indicates the first, second, third, or fourth planting at the location.

(144) The third column shows the pounds of pods harvested from 5 feet of row.

(145) The fourth column indicates the plant habit (structure) with 1=prone (or sprawling) and 9=upright (or erect).

(146) The fifth column shows the relative pod color with 1=light and 9=dark.

(147) The sixth column indicates the pod length in millimeters.

(148) The seventh column indicates the pod width in millimeters

(149) The ninth column shows the leaf color with 1=light and 9=dark

(150) The tenth column shows the leaf size with 1=small and 9=large

(151) The eleventh column shows the leaf surface 1=dull and 9=glossy

(152) TABLE-US-00008 TABLE 8 Characteristic Comparisons for Field Trials Plant Pod Pod Pod Leaf Leaf Leaf VARIETY LOCATION Yield Habit color Length Width Color Size Surface HMX 4127 Heath1 3.90 7 6 130 18 7 6 6 SunPrairie1 4.80 6 6 130 16 7 6 6 SunPrairie2 4.50 6 6 130 16 7 6 6 4.4 6.3 6.0 130.0 16.7 7.0 6.0 6.0 Navarro Heath1 2.40 5 4 135 19 7 6 6 SunPrairie1 5.10 4 4 145 17 7 6 6 SunPrairie2 3.50 5 4 160 17 7 6 6 3.7 4.7 4.0 146.7 17.7 7.0 6.0 6.0

(153) In Table 9, the traits and characteristics of garden bean cultivar HMX 4129 are compared to the Pike variety of garden beans. The data was collected two field locations in the United States. The field tests are experimental trials and have been made under supervision of the applicant.

(154) The first column shows the variety name.

(155) The second column shows the location of testing. Heath indicates Coloma, Wis., SunPrairie indicates Sun Prairie, Wis.; spr indicates spring-time; and fall indicates fall-time. The number 1, 2, 3, or 4 indicates the first, second, third, or fourth planting at the location.

(156) The third column shows the plant height in inches.

(157) The fourth column shows the plant width in inches.

(158) The fifth column indicates the plant habit (structure) with 1=prone (or sprawling) and 9=upright (or erect).

(159) The sixth column indicates the pod length in millimeters.

(160) The seventh column shows the relative pod color with 1=light and 9=dark.

(161) The eighth column shows the relative maturity (the number of days to edible pods).

(162) The ninth column shows the leaf color with 1=light and 9=dark

(163) The tenth column shows the leaf size with 1=small and 9=large

(164) The eleventh column shows the leaf surface 1=dull and 9=glossy

(165) TABLE-US-00009 TABLE 9 Characteristic Comparisons for Field Trials Plant Plant Plant Pod Pod Leaf Leaf Leaf Variety LOCATION Height Width Habit Length Color Maturity Color Size Surface HMX 4129 Heath2 16 19 5 140 6 61 7 4 7 SunPrairie1 18 21 6 140 5 60 7 5 7 SunPrairie2 17 19 6 130 6 58 7 4 7 17.0 19.7 5.7 136.7 5.7 59.7 7.0 4.3 7.0 Pike Heath2 19 17 7 130 7 60 7 4 7 SunPrairie1 17 21 7 140 7 61 7 4 7 SunPrairie2 19 20 6 135 7 61 7 4 7 18.3 19.3 6.7 135.0 7.0 60.7 7.0 4.0 7.0

(166) In Table 10, the traits and characteristics of garden bean cultivar HMX 5106 are compared to the Ambra variety of garden beans. The data was collected two field locations in the United States. The field tests are experimental trials and have been made under supervision of the applicant.

(167) The first column shows the variety name.

(168) The second column shows the location of testing. Crossville indicates Crossville, Tenn., Cookeville indicates Cookeville, Tenn.

(169) The third column shows the plant height in inches.

(170) The fourth column shows the plant width in inches.

(171) The fifth column indicates the plant habit (structure) with 1=prone (or sprawling) and 9=upright (or erect).

(172) The sixth column indicates the pod length in millimeters.

(173) The seventh column shows the relative pod color with 1=light and 9=dark.

(174) The eighth column shows the relative maturity (the number of days to edible pods).

(175) The ninth column shows the leaf color with 1=light and 9=dark

(176) The tenth column shows the leaf size with 1=small and 9=large

(177) The eleventh column shows the leaf surface 1=dull and 9=glossy

(178) TABLE-US-00010 TABLE 10 Characteristic Comparisons for Field Trials Plant Plant Plant Pod Pod Leaf Leaf Leaf Variety LOCATION Height Width Habit Length Color Maturity Color Size Surface HMX 5106 Cookeville 17 23 5 135 6 57 7 5 7 Crossville 14 17 5 120 5 60 7 5 7 15.5 20.0 5.0 127.5 5.5 58.5 7.0 5.0 7.0 Ambra Cookeville 16 26 4 150 3 53 5 7 5 Crossville 15 19 4 135 4 59 5 7 5 15.5 22.5 4.0 142.5 3.5 56.0 5.0 7.0 5.0

(179) In Table 11, the traits and characteristics of garden bean cultivar HMX 5107 are compared to the Caprice variety of garden beans. The data was collected two field locations in the United States. The field tests are experimental trials and have been made under supervision of the applicant.

(180) The first column shows the variety name.

(181) The second column shows the location of testing. Heath indicates Coloma, Wis., SunPrairie indicates Sun Prairie, Wis.; spr indicates spring-time; and fall indicates fall-time. The number 1, 2, 3, or 4 indicates the first, second, third, or fourth planting at the location.

(182) The third column shows the plant height in inches.

(183) The fourth column shows the plant width in inches.

(184) The fifth column indicates the plant habit (structure) with 1=prone (or sprawling) and 9=upright (or erect).

(185) The sixth column indicates the pod length in millimeters.

(186) The seventh column shows the relative pod color with 1=light and 9=dark.

(187) The eighth column shows the relative maturity (the number of days to edible pods).

(188) The ninth column shows the leaf color with 1=light and 9=dark

(189) The tenth column shows the leaf size with 1=small and 9=large

(190) The eleventh column shows the leaf surface 1=dull and 9=glossy

(191) TABLE-US-00011 TABLE 11 Characteristic Comparisons for Field Trials Plant Plant Plant Pod Pod Leaf Leaf Leaf Variety LOCATION Height Width Habit Length Color Maturity Color Size Surface HMX 5107 Heath2 16 16 6 130 8 58 7 5 7 SunPrairie1 22 20 6 135 8 59 8 5 6 SunPrairie2 18 20 6 130 7 59 7 5 7 18.7 18.7 6.0 131.7 7.7 58.7 7.3 5.0 6.7 Caprice Heath2 16 16 6 130 6 58 7 5 7 SunPrairie1 22 22 6 150 6 58 7 5 7 SunPrairie2 16 19 6 155 6 59 7 5 7 18.0 19.0 6.0 145.0 6.0 58.3 7.0 5.0 7.0

(192) In Table 12, the traits and characteristics of garden bean cultivar HMX 5108 are compared to the Hystyle variety of garden beans. The data was collected two field locations in the United States. The field tests are experimental trials and have been made under supervision of the applicant.

(193) The first column shows the variety name.

(194) The second column shows the location of testing. Heath indicates Coloma, Wis., SunPrairie indicates Sun Prairie, Wis.; spr indicates spring-time; and fall indicates fall-time. The number 1, 2, 3, or 4 indicates the first, second, third, or fourth planting at the location.

(195) The third column shows the plant height in inches.

(196) The fourth column shows the plant width in inches.

(197) The fifth column indicates the plant habit (structure) with 1=prone (or sprawling) and 9=upright (or erect).

(198) The sixth column indicates the pod length in millimeters.

(199) The seventh column shows the relative pod color with 1=light and 9=dark.

(200) The eighth column shows the relative maturity (the number of days to edible pods).

(201) The ninth column shows the leaf color with 1=light and 9=dark

(202) The tenth column shows the leaf size with 1=small and 9=large

(203) The eleventh column shows the leaf surface 1=dull and 9=glossy

(204) TABLE-US-00012 TABLE 12 Characteristic Comparisons for Field Trials Plant Plant Plant Pod Pod Leaf Leaf Leaf Variety LOCATION Height Width Habit Length Color Maturity Color Size Surface HMX 5108 Heath2 17 17 6 135 5 58 7 5 7 SunPrairie1 21 19 6 150 5 59 7 4 6 SunPrairie2 18 22 5 145 5 57 7 5 7 18.7 19.3 5.7 143.3 5.0 58.0 7.0 4.7 6.7 Hystyle Heath2 15 16 6 130 4 56 7 5 7 SunPrairie1 19 21 5 150 4 60 7 5 7 SunPrairie2 19 23 5 140 5 57 7 5 7 17.7 20.0 5.3 140.0 4.3 57.7 7.0 5.0 7.0

(205) The foregoing detailed description has been given for clearness of understanding only and no unnecessary limitations should be understood there from as modifications will be obvious to those skilled in the art.

(206) While a number of exemplary aspects and embodiments have been discussed above, those of skill in the art will recognize certain modifications, permutations, additions and sub-combinations thereof. It is therefore intended that the following appended claims and claims hereafter introduced are interpreted to include all such modifications, permutations, additions and sub-combinations as are within their true spirit and scope.