AU2003252209B2 - Methods for transforming plants to express bacillus thuringiensis delta-endotoxins - Google Patents

Description

AUSTRALIA

PATENTS ACT 1990 REGULATION 3.2 Name of Applicant: Actual Inventor/s: Address for Service: MONSANTO TECHNOLOGY LLC DAVID R. CORBIN; and CHARLES P. ROMANO.

E. F. WELLINGTON CO., Patent and Trade Mark Attorneys, 312 St. Kilda Road, Melbourne, Southbank, Victoria, 3006.

Invention Title: METHODS FOR TRANSFORMING PLANTS TO EXPRESS BACILLUS THURINGIENSIS DELTA-ENDOTOXINS Details of Associated Provisional Applications Nos: The following statement is a full description of this invention including the best method of performing it known to us.

1A METHODS FOR TRANSFORMING PLANTS TO EXPRESS BACILLUS THURINGIENSIS

DELTA-ENDOTOXINS

Background of the Invention 3 1.1 Field of the Invention The present invention relates generally to transgenic plants having insecticidal capabilities, and to DNA constructs utilized to transfer genes conferring insect resistance into plant genomes. More specifically, the present invention relates to a method of expressing insecticidal proteins in plants transformed with a B. thuringiensis 5-endotoxin encoding gene, resulting in effective control of susceptible target pests.

1.2 Description of Related Art 1.2.1 Methods of Controlling Insect Infestation in Plants The Gram-positive soil bacterium B. thuringiensis is well known for its production of proteinaceous parasporal crystals, or 8-endotoxins, that are toxic to a variety of Lepidopteran.

Coleopteran, and Dipteran larvae. B. thuringiensis produces crystal proteins during sporulation which are specifically toxic to certain species of insects. Many different strains of B. thuringiensis have been shown to produce insecticidal crystal proteins. Compositions comprising B. thuringiensis strains which produce proteins having insecticidal activity have been used commercially as environmentally-acceptable topical insecticides because of their toxicity to the specific target insect, and non-toxicity to plants and other nontargeted organisms.

8-endotoxin crystals are toxic to insect larvae by ingestion. Solubilization of the crystal in the midgut of the insect releases the protoxin form of the 8-endotoxin which, in most instances, is subsequently processed to an active toxin by midgut protease. The activated toxins recognize and bind to the brush-border of the insect midgut epithelium through receptor proteins. Several putative crystal protein receptors have been isolated from certain insect larvae (Knight et al., 1995: Gill et al. 1995: Masson et al.. 1995). The binding of active toxins is followed by intercalation and aggregation of toxin molecules to form pores within the midgut epithelium. This process leads to osmotic imbalance.

swelling, lysis of the cells lining the midgut epithelium, and eventual larvae mortality.

1.2.2 Transgenic B. thuringiensis 8-Endotoxins as Biopesticides Plant resistance and biological control are central tactics of control in the majority of insecticide improvement programs applied to the most diverse crops. With the advent of molecular genetic techniques, various 6 -endotoxin genes have been isolated and their DNA sequences determined. These genes have been used to construct certain genetically engineered B. thuringiensis products that have been approved for commercial use. Recent developments have seen new 6-endotoxin delivery systems S developed, including plants that contain and express genetically engineered -endotoxin genes.

Expression of B. thuringiensis 5-endotoxiis in plants holds the potential for effective management of plant pests so long as certain problems cal be overcome. These problems include the development of insect resistance to the particular Cry protein expressed in the plant, and development of morphologically abnormal plants because of the presence of ihe transgene.

Expression of B. thuringiensis 5-etdotoxins in transgenic cotton, corn, and potatoes has proven to be an effective means of controlling agridulturally important insect pests (Perlak et al., 1990; Koziel et al., 1993; Perlak et al., 1993). Transgenic crops expressing B. thuringiensis 5-endotoxins enable growers to significantly reduce the application of costly, toxic, and sometimes ineffective topical chemical insecticides. Use of transgenes encoding B. 1huringiensis 5-endotoxins is particularly advantageous when 0o insertion of the transgene has no negative effect on the yield of desired product from the transformed plants. Yields from crop plants expressing certain B. thuringiensis 5-endotoxins such as Cry IA or Cry3A have been observed to be equivalent or befter than otherwise similar non-transgenic commercial plant varieties. This indicates that expression of some B. thuringiensis 5-endotoxins does not have a significant negative impact on plant growth or development. This is not the case, however, for all B.

thuringiensis 5-endotoxins that may be used io transform plants.

The use of topical B. thuringiensisfderived insecticides may also result in the development of insect strains resistant to the insecticides. Resistance to CrylA B. thuringiensis 5-endotoxins applied as foliar sprays has evolved in at least one weli documented instance (Shelton et al., 1993). It is expected that insects may similarly evolve resistance to B. thuringiensis 8-endotoxins expressed in transgenic plants. Such resistance, should it become widespread, would clearly limit the commercial value of corn.

cotton, potato, and other germplasm containing genes encoding B. thuringiensis 5-endotoxins. One possible way to both increase the effectiveness of the insecticide against target pests and to reduce the development of insecticide-resistant pests wduld be to ensure that transgenic crops express high levels of B. thuringiensis 5-endotoxins (McGaughey abd Whalon, 1993; Roush, 1994).

In addition to producing a transgenid plant which expresses B. thuringiensis 5-endotoxins at high levels, commercially viable B. thuringiensis genes must satisfy several additional criteria. For instance.

expression of these genes in transgenic cropiplants must not reduce the vigor, viability or fertility of the plants, nor may it affect the normal morphology of the plants. Such detrimental effects have two undesired results: they may interfere with tie recovery and propagation of transgenic plants; thev may also impede the development of mature plantb, or confer unacceptable agronomic characteristics.

There remains a need for compositidns and methods useful in producing transgenic plants which express B. thuringiensis 5-endotoxins at levels high enough to effectively control target plant insect pests as well as prevent the development of inse ticide-resistant pest strains. A method resulting in higher levels of expression of the B. thuringiens4 5-endotoxins will also provide the advantages of more frequent attainment of commercially viable transformed plant lines and more effective protection from infestation for the entire growing season.

There also remains a need for a method of increasing the level of expression of B. thuringiensis endotoxins which does not simultaneously result in plant morphological changes that interfere with optimal growth and development of desired plant tissues. For example, the method of potentiating expression of the B. thuringiensis 5-endotoxins in corn should not result in a corn plant which cannot optimally develop for cultivation. Achievement of these goals such as high expression levels as well as recovery of morphologically normal plants has been elusive, and their pursuit has been ongoing and an important aspect of the long term value of insecticidal plant products.

1t 2.0 Summary of the Invention Described are novel methods for expressing Cry2A B. thuringiensis 5-endotoxins which lack significant Dipteran inhibiting activity in transformed plants. This method advantageously results in both increased levels of expression of B. thuringiensis 5-endotoxins as well as a higher rate of recovery of morphologically-normal plants.

Is By achieving high rates of expression, the present invention addresses another limitation of the prior art: development of insect resistance. Specifically, the instant invention provides a superior strategy for the delay or elimination of the development of resistance to CrylA 5 -endotoxins, the B. thuringiensis proteins most commonly expressed by transgenic lines. The disclosed methods involve expression of the Cry2A class of B. thuringiensis 5-endotoxins and particularly those that lack Dipteran-inhibiting activity..

B. thuringiensis 5-endotoxins of the Cry2A group have no significant homology to CrylA-type endotoxins and display distinct binding and pore-forming characteristics (English et al., 1994). and as such are expected to control insects that become resistant to, or that are not affected by, CrvyA endotoxins (Hofte and Whiteley, 1989).

In preferred embodiments, the present invention provides an isolated and purified DNA construct comprising a Cry2A 8-endotoxin-encoding region localized to a plastid or chloroplast, or localized to a plant cell nuclear genome and operably linked to a region encoding a plastid transit peptide (PTP).

Preferred DNA constructs of the present invention include those constructs that encode Crv2A 8endotoxins lacking Dipteran-inhibitory activity, though complete inactivity towards Dipterans is not required. In an illustrative embodiment, DNA constructs of the present invention encode a Cry2Ab 6endotoxin operably linked to a DNA segment (or sequence) encoding a plastid transit peptide, which is one means of enabling localization of a Cry2Ab 5-endotoxin to a plastid or chloroplast. In certain embodiments, the Cry2Ab 5-endotoxin comprises the sequence of SEQ ID NO:2. The inventors contemplate, however, that any Cry2A 6-endotoxin lacking Dipteran-inhibitory activity may be utilized according to the present invention, with those bearing substantial homologies to Cry2Ab being particularly preferred.

-4- In another embodiment, the DNA constructs of the present invention exploit nucleic acid segments encoding PTPs to potentiate expiession of the 5-endotoxin. The use of one type of PTP, a chloroplast targeting peptide (CTP), in conjunction with a crylA B. thuringiensis transgene to promote expression of the transgene in the transforrred plant is disclosed in U. S. Patent 5,500,365 (specifically incorporated herein by reference in its entirety). Where increased expression was observed, however, it was ascribed in part to the use of a new 5' untranslated leader sequence in the expression vector.

In contrast to the prior art, the preseit invention discloses a structural DNA sequence that causes the production of an RNA sequence which encodes a targeted fusion protein comprising an aminoterminal plastid transit peptide with a Cry2Ab 6-endotoxin; and a 3' non-translated DNA sequence which o0 functions in plant cells to cause transcriptionMl termination and the addition of polyadenylated nucleotides to the 3' end of the RNA sequence. SurpHisingly, this DNA construct results in increased levels of expression of the Cry2A 5-endotoxin. The' targeted fusion protein is non-active to all species, but is produced as a means for localizing the mature, insecticidally active 6-endotoxin protein to the chioroplast.

yielding surprising and unexpected beneficiallagronomic effects.

One embodiment conceived of in th. present invention is the introduction of a gene encoding a Cry2A 6-endotoxin lacking Dipteran activity Into the chloroplast or plastid genome. Alternatively. a gene encoding a Cry2A 6-endotoxin lacking Dipteran activity could be expressed from an autonomously replicating episomal element located within the chloroplast or plastid.

In another preferred embodiment, th, invention provides for transgenic plants which have been transformed with an isolated and purified DNk construct that is translated and expressed at high levels by the plant. Both monocot and dicot plants &jay be transformed according to the methods and with the DNA constructs disclosed herein. The plant transformed by the instant invention may be prepared, in a further preferred embodiment, by a procesq including obtainment of the isolated and purified DNA construct, and then transforming the plant with the construct so that the plant expresses the proteins for which the construct encodes. The inventors lave observed that transformation of plants by the disclosed methods results in increased frequency of transformants which express the transgene. as well as the generation of more morphologically normal plants from initial transformants.

It is contemplated that the increased! expression levels observed in the disclosed invention will allow for reduced development of insect rbsistance to Bt 6 -endotoxins. This may be achieved by transforming a plant with the preferred DNA i construct to achieve high rates of Cry2A expression alone.

or by simultaneously exposing target insecis to CrylA and non-Dipteran active Cry2A 6-endotoxins expressed in susceptible plants. Such insect4 include Ostrina spp., Diatraea spp.. Helicoverpa spp., and Spodopiera spp., in Zea mavs; Heliothis vir scens, Helicoverpa spp., Pectinophora spp., in Gossvpizum hirsutum; Anticarsia spp., Pseudoplusia spp.j Epinotia spp., in Glycine max: and Scirpophaga incertulas in Oryza saliva.

It is therefore contemplated that the method disclosed by the present invention will provide many advantages over the prior art including those specifically outlined above. These advantages include: obtaining improved control of susceptible insects; minimizing the development of insecticide-resistant insect strains; obtaining a greater number of commercially viable insect resistant plant lines; achieving s season long protection from insect pathogens; and increasing the incidence of morphologically-normal transformed plants. An additional advantage of the present invention is that reduced numbers of transgenic lines would need to be produced in order to identify a transgenic event with normal growth characteristics.

It is therefore contemplated that the method disclosed by the present invention will provide many advantages over the prior art including those specifically outlined above. These advantages include: obtaining improved control of susceptible insects; minimizing the development of insecticide-resistant insect strains; obtaining a greater number of commercially viable insect resistant plant lines; achieving season long protection from insect pathogens; and increasing the incidence of morphologically-normal transformed plants. An additional advantage of the present invention is that reduced numbers of transgenic lines would need to be produced in order to identify a transgenic event with normal growth characteristics.

2.1 Nucleic Acid Compositions In one important embodiment, the invention provides an isolated and purified nucleic acid construct comprising a Cry2A coding region and a PTP coding region. These DNA constructs, when transferred into a plant, undergo cellular processes resulting in increased expression of 5 -endotoxins in the transgenic plant. The Cry2A endotoxins of the instant invention are preferably not effective against Dipteran species, though some adverse effects on Dipterans may be tolerated. In certain embodiments, the DNA construct encodes a Dipteran-inactive Cry2Ab 5 -endotoxin, and in more preferred embodiments, the Cry2Ab 8-endotoxin has the polypeptide sequence of SEQ ID NO:2, or one substantially homologous to the polypeptide sequence of SEQ ID NO:2. Such nucleotide homologues may be greater than approximately 88% homologous, greater than about 90% homologous, greater than about 95% homologous, and even greater than about 99% homologous with the Cry2Ab disclosed in SEQ ID NO:2. Exemplary peptides include those that are about 88, 89, 90, 91, 92, 93, 94, 96, 97, 98 or even 99 or greater percent homologous to the Cry2Ab 5 -endotoxin disclosed in SEQ ID NO:2.

In even more preferred embodiments, the DNA construct of the present invention comprises a Cry2Ab 8-endotoxin-encoding region with the nucleic acid sequence of SEQ ID NO:1, or a sequence substantially homologous to that of SEQ ID NO:1. Also envisioned as within the scope of this invention are those DNA constructs having segments with substantial homologies to the nucleic acid sequence disclosed in SEQ ID NO:1, such as those which may be about 90% homologous, or about 95 -6homologous, or even about 99% homologous. More specifically, homologous nucleic acid sequences included in the present invention include those that are about 90, 91, 92 ,93, 94, 95, 96, 97, 98, and 99 percent homologous to .the nucleic acid seq ence of SEQ ID NO: 1.

The DNA constructs provided herein also include a PTP coding region positioned upstream of the cry2A 6-endotoxin coding region and dowhstream of a promoter. These plastid transit peptide coding regions may encode any plant functional PTP, and may operate to target encoded proteins to certain plastids within the plant cell, or to increase the expression of the 8 -endotoxin for which the DNA construct encodes. In preferred embodiments, the present invention may include a PTP selected from the group including zmSSU, PTPI, PTPIA, an4l PTP2, or any other plant functional PTPs. More preferably, o0 the plastid transit peptide coding region encodes a plastid transit peptide having the amino acid sequence of SEQ ID NO:4, SEQ ID NO:6, SEQ Ib NO:8, or SEQ ID NO:10, or any polypeptide sequence substantially homologous to these. Even more preferably, the instant invention comprises a plastid transit peptide coding region having the nucleic acid sequence of SEQ ID NO:3, SEQ ID NO:5, SEQ ID NO:7, or SEQ ID NO:9, or a nucleic acid se4uence which is substantially homologous to these.

Also, the inventors contemplate thdt the present invention would further achieve the goals of increased pathogenicity to pests, and result ih decreased development of pesticide-resistant insects, if the DNA constructs provided herein were co-expressed along with other pesticidal compositions such as other proteins. Accordingly, the inventioni provides for use of the disclosed DNA constructs which further comprise plant-expressible coding r gions for other Cry proteins. Included in these would be coding regions for Cryl proteins such as CrylA, CrylAb, CrylBb, or Cryl chimeras (see co-pending

US

applications Serial No.'s 08/754,490 and 08/ 22,505, and co-pending PCT Application PCT/US97/17507 based on US Application Serial No. 08/721,i59, each specifically incorporated herein by reference in its entirety).

In certain preferred embodiments, tjle DNA construct is an expression cassette which can be excised and isolated from said plasmid.

2.2 Additional Nucleic acid CompositiOn Elements The polynucleotide compositions df the present invention are useful in transforming both monocotyledonous and dicotyledonous plant Accordingly, the DNA construct of the present invention may further comprise other various regulatory elements to aid in protein expression and to further facilitate introduction of the DNA construct into the plant. One example of this is the inclusion, in the DNA construct, of an intron positioned in th untranslated leader, upstream relative to the plastid transit peptide coding region. One useful leaderi sequence is the petunia heat shock protein. In various alternative embodiments, the intron may be 4ny of the following: Adh intron 1, sucrose synthase intron, TMV omega element, maize heat shock jrotein (hsp) 70, or the rice Act] intron. In preferred embodiments, the intron is either maize heat jhock protein 70 or petunia heat shock protein -7- Provided in another preferred embodiment of the present invention is a polynucleotide sequence comprising a substantially Dipteran inactive cry2A S-endotoxin coding region and a PTP coding region positioned under the control of a plant operable promoter. The use of a promoter is required for driving cellular processes so that expression of the gene is maximized. Preferred promoters include the following: CaMV 35S, histone, CaMV 19S, nos, OCS, Adh, sucrose synthase, a-tubulin, actin, cab, PEPCase, ssRUBISCO, Actl, Famv, enhanced FMV, or R-gene complex associated promoters. In more preferred embodiments, the promoter is the enhanced or duplicated CaMV 35S promoter (Kay et a., 1987). In additional preferred embodiments, the promoter is the FMV35S promoter. Plant chloroplast or plastid functional promoters are also within the scope of the present invention.

The present invention further contemplates the inclusion of a terminator region in the DNA construct to aid cellular processes involved with protein expression. In various embodiments, this terminator may be any of the following: the Agrobacterium tuiefaciens nopaline synthase gene terminator, the Agrobacterium tunlefaciens octopine synthase gene terminator, and the 3' end of the protease inhibitor I or II genes from potato or tomato. In an especially preferred embodiment, the terminator is the Agrobacterium tumefaciens nopaline synthase gene terminator.

2.3 Transformation Vectors Because the DNA construct of the present invention is primarily, though not exclusively, intended for use in the transformation of plants, it is in certain preferred embodiments, contained within an expression vector. Such expression vectors may contain a variety of regulatory and other elements intended to allow for optimal expression of the desired proteins for which the expression vector encodes.

These additional elements may include promoters, terminators, and introns as outlined above in section 2.2. The vector containing the DNA construct and any regulatory or other elements may be selected from the group consisting of a yeast artificial chromosome, bacterial artificial chromosome, a plasmid, or a cosmid.

Further, the expression vectors themselves may be of a variety of forms. These forms may differ for various reasons, and will likely be comprised of varying components depending upon whether they are intended to transform a monocotyledonous plant or a dicotyledonous plant. For example, FIG. I illustrates one possible embodiment, where the monocotyledonous expression vector contains the crv2Ab gene in the plasmid designated as (SEQ ID NO:16). It is further contemplated that other expression vectors containing the expression cassettes embodied in these plasmid vectors, as well as expression cassettes containing substantial homologues, will also be useful transformation constructs. Accordingly, any transformation vector containing the nucleic acid sequence of from nucleic acid 1781 to 5869 of SEQ ID NO:16.

FIG. 2 illustrates one possible dicotyledonous expression vector. It contains the crv2Ab gene embodied in le plasmids designated as pMON33827 (SEQ ID NO:13), pMON33828 (SEQ ID NO:14), and pMON33829 (SEQ ID NO:15). As with the illustrative monocotyledonous transformation vectors, the inventors further contemplate that other expression vectors containing the expression cassettes embodied in these plasmid vectors, or substabtial homologues to those expression cassettes, will be useful as dicotyledonous transformation constructs.I Preferred dicotyledonous expression cassettes include those embodied by nucleic acids 17 to 3182 of SEQ ID NO:13; nucleic acids 17 to 3092 of SEQ ID NO: 14; and s nucleic acids 17 to 3155 of SEQ ID NOJ15. Illustrative embodiments of vectors containing such expression cassettes are disclosed in the seqiences designated herein as SEQ ID NO: 13, SEQ ID NO: 14, and SEQ ID NO: Vectors further envisioned to be within the scope of the present invention include those vectors capable of containing both the Dipteran-inactive cry2A nucleic acid compositions disclosed in section 2.1 above, as well as any other DNA constructs vhich further comprise plant-expressible coding regions for other Cry proteins such as a Cryl protein. Vectors capable of containing both of these constructs may further comprise an internal ribosome entrylsite between the DNA construct; they may also contain a variety of different cistrons, rendering them pblycistronic or multicistronic 2.4 Transformed Host Cells Another preferred embodiment of tho present invention encompasses cells transformed with the DNA constructs disclosed herein in sectiors 2.1 and 2.2, and by use of the transformation vectors disclosed in section 2.3. Transformed clls contemplated in the present invention include both prokaryotic and eukaryotic cells which express the proteins encoded-for by the novel DNA constructs of the present invention. The process of producing transgenic cells is well-known in the art. In general, the method comprises transforming a suitable hiost cell with a DNA segment which contains a promoter operatively linked to a coding region that encedes a B. thuringiensis 5-endotoxin. Such a coding region is generally operatively linked to a transcriptiOn-terminating region, whereby the promoter is capable of driving the transcription of the coding regi n in the cell, and hence providing the cell the ability to produce the 5-endotoxin in vivo. Alternatively, in instances where it is desirable to control, regulate, or decrease the amount of a particular 8-endoto in or endotoxins expressed in a particular transgenic cell.

the invention also provides for the expressiol of 8-endotoxin antisense mRNA; intron antisense mRNA: PTP antisense mRNA; or UTR antisense mRNA. The use of antisense mRNA as a means of controlling or decreasing the amount of a given protein o interest in a cell is well-known in the art.

In a preferred embodiment, the invention encompasses a plant cell which has been transformed with a nucleic acid segment or DNA construct of the invention, and which expresses a gene or gene segment encoding one or more of the Dipteran-inactive Cry2A B. thuringiensis 8-endotoxins as disclosed herein. As used herein, the term "transgedic plant cell" is intended to refer to a plant cell that has incorporated DNA sequences, including but not limited to genes which are perhaps not normally present.

DNA sequences not normally transcribed irto RNA or translated into a protein ("expressed"), or any other genes or DNA sequences which one 4esires to introduce into the non-transformed plant, such as -9genes which may normally be present in the non-transformed plant but which one desires to either genetically engineer or to have altered expression.

It is contemplated that in some instances the genome of a transgenic plant of the present invention will have been augmented through the stable introduction of a Dipteran-inactive Cry2A B. thuringiensis 8-endotoxin-encoding DNA constructs as disclosed in sections 2.1 and 2.2 above. In some instances, more than one transgene will be incorporated into the nuclear genome, or into the chloroplast or plastid genome of the transformed host plant cell. Such is the case when more than one crystal protein-encoding DNA segment is incorporated into the genome of such a plant. In certain situations, it may be desirable to have one, two, three, four, or even more B. thuringiensis crystal protein-encoding polynucleotides (either native or recombinantly-engineered) incorporated and stably expressed in the transformed transgenic plant.

In preferred embodiments, the introduction of the transgene into the genome of the plant cell results in a stable integration wherein the offspring of such plants also contain a copy of the transgene in their genome. The heritability of this genetic element by the progeny of the plant into which the gene was originally introduced is a preferred aspect of this invention. A preferred gene which may be introduced includes, for example a B. thuringiensis 8-endotoxin, and particularly one or more of those described herein.

Means for transforming a plant cell and the preparation of a transgenic cell line are well-known in the art (as exemplified in U. S. Patents 5,550,318; 5,508,468; 5,482,852; 5,384,253; 5,276,269; and 5,225,341, all specifically incorporated herein by reference in their entirety), and are briefly discussed herein. Vectors, plasmids, cosmids, YACs (yeast artificial chromosomes) and DNA segments for use in transforming such cells will, of course, generally comprise either the operons, genes, or gene-derived sequences of the present invention, either native, or synthetically-derived, and particularly those encoding the disclosed crystal proteins. These DNA constructs can further include structures such as promoters, enhancers, polylinkers, or even gene sequences which have positively- or negatively-regulating activity upon the particular genes of interest as desired. The DNA segment or gene may encode either a native or modified crystal protein, which will be expressed in the resultant recombinant cells, and/or which will impart an improved phenotype to the regenerated plant.

Transgenic cells specifically contemplated in the present invention include transgenic plant cells.

Particularly preferred plant cells include those cells obtained from corn, wheat, soybean, turf grasses.

ornamental plant, fruit tree, shrubs, vegetables, grains, legumes, and the like, or any plant into which introduction of a Dipteran-inactive B. thuringiensis -endotoxin transgene is desired.

Transformed Plants In another aspect, plants transformed with any DNA construct of the present invention that express the proteins for which the construct encodes, are contemplated as being a part of this invention. Accordingly, the invention further provides transgenic plants which have been transformed with a DNA construct, as disclosed herein in sections 2.1 and 2.2, and transformed by use of transformation vectors as disclosed in section 2.3. Agronomic, horticudtural, ornamental, and other economically or commercially useful plants can be made in accordance with the methods described herein, to express B. thuringiensis endotoxins at levels high enough to cbnfer resistance to insect pathogens while remaining morphologically normal.

Such plants may co-express the 5-endbtoxin polypeptide along with other antifungal, antibacterial, or antiviral pathogenesis-related peptides, !polypeptides, or proteins; insecticidal proteins; proteins conferring herbicide resistance; and protein; involved in improving the quality or quantity of plant products or agronomic performance of plants! Simultaneous co-expression of multiple proteins in plants is advantageous in that it exploits more than ohe mode of action to control plant pathogenic damage. This can minimize the possibility of developing resistant pathogen strains, broaden the scope of resistance. and potentially result in a synergistic insecticidali effect, thereby enhancing a plant's ability to resist insect infestation (Intl. Patent Appl. Publ. No. WO 92/17591, 15 October 1992, specifically incorporated herein by reference in its entirety).

The transformed plant of the current invention may be either a monocotyledonous plant or a dicotyledonous plant. Where the plant is a nronocotyledonous plant, it may be any one of a variety of species. Preferred monocotyledonous species!encompassed by the present invention may include maize, rice, wheat, barley, oats, rye, millet, sorghum, sugarcane, asparagus. turfgrass, or any of a number of other grains or cereal plants. In preferred embodimdnts, the monocot is a maize plant.

The present invention also contemplates a variety of dicotyledonous plants such as cotton.

soybean, tomato, potato, citrus, tobacco, sugor beet, alfalfa, fava bean, pea, bean. apple, cherry, pear, strawberry, raspberry, or any other legume, tuber, or fruit plant. In preferred embodiments, the dicot is a soybean plant, a tobacco plant, or a cotton plank.

Many of the plants intended to bej transformed according to the disclosed invention arc commercial crop plants. The commercial form of these plants may be the original plants, or their offspring which have inherited desired transg nes. Accordingly, plants further contemplated within the ambit of the present invention include any offspring of plants transformed with any of the permutations of the DNA construct which are noted in this application. Specifically, the offspring may be defined as an Ro transgenic plant. Other progeny of the transformed plant are also included within the scope of the present invention, including any progeny plart of any generation of the transformed plant, wherein the progeny plant has inherited the DNA construct from any Ro plant.

Upon transformation with a specific DNA construct, the nucleic acid or polynucleotide segments of the construct may be incorporated in va ious portions into a chromosome of the transformant.

Therefore, in another embodiment, the presen invention encompasses any transgenic plant or plant cell prepared by the use of a DNA construct disclosed herein. Such a plant or cell encompassed by the present invention includes those prepared by a procdss which has the following steps: obtaining a DNA

-II-

construct including a Dipteran-inactive Cry2A B. thuringiensis 6-endotoxin coding region positioned in frame and under the control of a promoter operable in the plant, and a plastid transit peptide coding region positioned upstream of the Cry2A B. thuringiensis 6-endotoxin coding region and downstream of the promoter; and transforming the plant with the obtained DNA construct, so that the plant expresses the Cry2A B. thuringiensis 6-endotoxin. The plant may also have been transformed so that it further incorporates into its genome and expresses other Cry In a related aspect, the present invention also encompasses a seed produced by the transformed plant, a progeny from such seed, and a seed produced by the progeny of the original transgenic plant, produced in accordance with the above process. Such progeny and seeds will have a Dipteran-inactive

B.

thuringiensis 5-endotoxin transgene stably incorporated into its g2nome, and such progeny plants will inherit the traits afforded by the introduction of a stable transgene in Mendelian fashion. All such transgenic plants having incorporated into their genome transgenic DNA segments encoding any DNA construct disclosed herein, particularly those disclosed in sections 2.1 and 2.2 are aspects of this invention.

Recombinant plants, cells, seeds, and other tissues could also be produced in which only the mitochondrial or chloroplast DNA has been altered to incorporate the molecules envisioned in this application. Promoters which function in chloroplasts have been known in the art (Hanley-Bowden et al., Trends in Biochemical Sciences 12:67-70, 1987). Methods and compositions for obtaining cells containing chloroplasts into which heterologous DNA has been inserted has been described by Daniell et al., U.S. Pat. No. 5,693,507 (1997).

2.6 Plant Transformation Methods 2.6.1 Method of Expressing a Cry2A 6-Endotoxin in a Plant In another preferred embodiment, the present invention provides a method for expressing Dipteran-inactive Cry2A B. thuringiensis 8-endotoxins at high levels in transgenic plants. The disclosed methods may exploit any of the DNA constructs disclosed in sections 2.1 and 2.2 above, as well as any of the transformation vectors disclosed, for example, in section 2.3 above. The contemplated methods enable Cry2A 5 -endotoxins, an alternative to CrylA B. thuringiensis 5 -endotoxins for the control of several insect pests, to be expressed in plants without negatively affecting the recovery of agronomic qualities of transgenic plants. The invention described herein also enables expression of Cry2A endotoxins at levels up to 25 times higher than that achieved by current methods.

The method described here thus enables plants expressing Cry2A to be used as either an alternative or supplement to plants expressing CrylA-type B. thuringiensis 8-endotoxins for both control and resistance management of key insect pests, including Ostrina sp, Diatraea sp,, Helicoverpa sp, Spodoptera sp in Zea mays; Heliothis virescens Helicoverpa sp, Pectinophora sp. in Gossypiun hirsutum; and Anticarsia sp, Pseudoplusia sp, Epinotia sp in Glycine max. It is also contemplated that the

I

-12methods described may be used to dramatically increase expression of B. thuringiensis 8-endotoxins including and related to Cry2A, thus increaking its effectiveness against target pests and decreasing the likelihood of evolved resistance to these p toteins. In one embodiment of the present invention, the Cry2Ab 5-endotoxin is expressed. Target posts of this protein and their common hosts are shown below s in Table 1.

Table 1 Cry2Ab Target Pests ahd Common Plant Hosts of those Pests Pests Hdsts Reference Ostrina nubialis Zee mays Donovan i Diatraea grandiosella Go'sypium hirsutum U. S. Patent 5,338,544 Helicoverpa zea Glcine max Heliothis virescens Pectinophora gossypiella Anticarsia gemmatalis Pseudoplusia includens Epinotia aporema The method of expressing a Cry2A B. thuringiensis S-endotoxin in a plant disclosed herein to includes the steps of: obtaining nucleic adid segment comprising a promoter operably linked to a first polynucleotide sequence encoding a plastid transit peptide, and a second polynucleotide sequence, encoding a Cry2A B. thuringiensis 5-endotbxin lacking Dipteran activity, to yield a fusion protein comprised of an amino-terminal plastid transit peptide and a Cry2A B. thuringiensis 5-endotoxin lacking Dipteran activity; and transforming the plant with the DNA construct of step 1 so that the plant expresses the protein fusi6n. In a preferred erbodiment, the nucleic acid segment employed in step of this method is structured so that the 5' end of he second polynucleotide sequence is operably linked in the same translational reading frame to the 3' endlof the first polynucleotide sequence.

The plant or plant cell transfornred by the method disclosed herein may be either a monocotyledonous plant or a dicotyledonous plant. Where the plant is a monocotyledonous plant, it may be any one of a variety of species. Preferr d monocotyledonous species encompassed by the present invention may include maize, rice, wheat, barley, oats, rye, millet, sorghum, sugarcane, asparagus, turfgrass, or any of a number of other grains or cereal plants. In preferred embodiments, the monocot is a maize plant.

The present invention also contempljtes a process by which a variety of dicotyledonous plants or plant cells are transformed. Such dicotyledonous plants may include plants such as cotton, soybean, tomato, potato, citrus, tobacco, sugar beet, aifalfa, fava bean, pea, bean, apple, cherry, pear, strawberry, 13 raspberry, or any other legume, tuber, or fruit plant.. In preferred embodiments, the dicot is a soybean plant, a tobacco plant or ceil, or a cotton plant or cell.

2.6.2 Method of expressing a Cry2Ab 8-endotoxin in a Progeny Plant As noted with regard to other embodiments disclosed in the present invention, many of the plants s intended to be transformed according to the disclosed invention are commercial crop plants. The commercial form of these plants may be the original plants, or their offspring which have inherited desired transgenes. Accordingly, the inventors further contemplate that the method disclosed herein includes a method of producing a transgenic progeny plant or progeny plant cell. The method of producing such progeny includes: The method of expressing a Cry2A B. thuringiensis 5-endotoxin in a 0t plant disclosed herein includes the steps of: obtaining nucleic acid segment comprising a promoter operably linked to a first polynucleotide sequence encoding a plastid transit peptide, and a second polynucleotide sequence, encoding a Cry2A B. thuringiensis 8-endotoxin lacking Dipteran activity, to yield a fusion protein comprised of an amino-terminal plastid transit peptide and a Cry2A B. thuringiensis 8-endotoxin lacking Dipteran activity; obtaining a second plant; and crossing the first and second plants to obtain a crossed transgenic progeny plant or plant cell which has inherited the nucleic acid segments from the first plant. The present invention specifically encompasses the progeny, progeny plant or seed from any of the monocotyledonous or dicotyledonous plants, including those noted in sections and 2.6.1 above.

2.6.3 Method of Co-Expressing Cry2Ab and other Cry B. thuringiensis 8 -endotoxins in a Plant and a Progeny Plant In another preferred embodiment, the method of expressing the Dipteran-inactive Cry2A B.

thuringiensis 5-endotoxin disclosed herein includes co-expression of the disclosed DNA construct in any of its various embodiments, along with a Cryl B. thuringiensis 8-endotoxin. The method of expressing these Cry B. thuringiensis 5-endotoxins together is expected to achieve increased insecticidal properties in the transformed plant through increased expression and decreased development of insect resistance all of which are desired results not present in existing technologies. This co-expression may be in the original transformant, or in any number of generations of progeny of the original transformant which have inherited the genes to co-express the proteins encoded for by any of the DNA constructs disclosed herein.

Brief Description of the Drawings The following drawings form part of the present specification and are included to further demonstrate certain aspects of the present invention. The invention may be better understood by reference to one or more of these drawings in combination with the detailed description of specific embodiments presented herein.

FIG. 1. Schematic illustration of elements of monocot plant cry2Ab expression vectors pMON30464, pMON30463, and pMON26800.

-14- FIG. 2. Schematic illustration of el, ments of dicot cry2Ab expression vectors pMON3383O, pMON33827, pMON33828, and pMON33829.

FIG. 3. Schematic illustration of elements of dicot cry2Aa expression vectors pMON338O3, pMON338 12, pN4ON3381 1, and pMON338O0.

FIG. 4. Plasmid designated pMON30464.

FIG. 5. Plasmid designated pMON31.827.

FIG. 6. Plasmid designated pMON33I828.

FIG. 7. Plasmid designated pMON33,929.

DESCRIPTION OF ILLUSTRATIVE

EMVBODIMENTS

The following detailed description of the invention is provided to aid those skilled in the art in practicing the present invention. Even so, thep following detailed description should not be construed to unduly limit the present invention as inodifioations and variations in the embodiments discussed herein may be made by those of ordinary skill in the art without departing from the spirit or scope of the present inventive discovery.

1s 4.1 IDENTIFICATION OF SEQUENCES SEQ ID NO:IL Nucleic acid sequencj of a cry2Ab gene.

SEQ ID NO:2. Amino acid sequence lof a Cry2Ab B. thuringiensis 6endotoxin.

SEQ ED NO:3. Nucleic acid sequenc4 of a zmSSU plastid transit peptide.

SEQ ID NO:4. Amino acid sequence of a zmSSU plastid transit peptide.

SEQ ID NQ:5. Nucleic acid sequenco of a plastid transit peptide I (PTP1I).

SEQ ID NO:6. Amino acid sequence f a PTPI1.

SEQ ID NO:7. Nucleic acid sequenc of a plastid transit peptide I A (PTP IA).

SEQ ED NO: 8. Am ino acid sequence b f a PTP I A.

SEQ ID NQ:9. Nucleic acid sequenc of a plastid transit peptide 2 (PTP2).

SEQ ED NO: 10. Amino acid sjquence of a PTP2.

SEQ ID NO:11. Nucleic acid 4,equence of a cry2Aa gene.

SEQ ID NQ:12. Amino seque~ce of a Cry2Aa polypeptide.

SEQ ID* NO: 13. pMON33827i SEQ I0D NO:14. pMON33828.; SEQ ID No:15. pMON33829.

SEQ ID NO: 16. pMON3 0464., SEQ ID NO: 17. Bacillus thuri~giensis cry2Ab gene'sequence,

UWGCG

accession nun .ber M23 724 (Widner and Whiteley).

SEQ ID NO:18. Bacillus thuringiensis cry2Ab amino acid sequence translated from SEQ ID NO: 17.

4.2 DEFINITIONS The following words and phrases herein have the meanings as set forth below.

s Biological functional equivalents. As used herein such equivalents with respect to the insecticidal proteins of the present invention are peptides, polypeptides and proteins that contain a sequence or moiety exhibiting sequence similarity to the novel peptides of the present invention, such as Cry2Ab, and which exhibit the same or similar functional properties as that of the polypeptides disclosed herein, including insecticidal activity. Biological equivalents also include peptides, polypeptides and to proteins that react with, i.e. specifically bind to antibodies raised against Cry2Ab and that exhibit the same or similar insecticidal activity, including both monoclonal and polyclonal antibodies.

Chloroplast or plastid localized, as used herein, refers to a biological molecule, either polynucleotide or polypeptide, which is positioned within the chloroplast or plastid such that the molecule is isolated from the cellular cytoplasmic milieu, and functions within the chloroplast or plastid cytoplasm to provide the effects claimed in the instant invention. Localization of a biological molecule to the chloroplast or plastid can occur, with reference to polynucleotides, by artificial mechanical means such as electroporation, mechanical microinjection, or by polynucleotide coated microprojectile bombardment, or with reference to polypeptides, by secretory or import means wherein a natural, synthetic, or heterologous plastid or chloroplast targeting peptide sequence is used which functions to target, insert, assist, or localize a linked polypeptide into a chloroplast or plastid.

Combating or Controlling Insect Damage in an agricultural context refers to reduction in damage to a crop caused by infection by an insect pest. More generally, this phrase refers to reduction in the adverse effects caused by the presence of an undesired insect in any particular location.

Event refers to a transgenic plant derived from the insertion of foreign DNA into one or more unique sites in the nuclear genomic DNA.

Expression: The combination of intracellular processes, including transcription, translation, and other intracellular protein and RNA processing and stabilization functions, undergone by a coding DNA molecule such as a structural gene to produce a polypeptide.

Insecticidal polypeptide refers to a polypeptide having insecticidal properties, a polypeptide which inhibits the growth, development, viability or fecundity of target insect pests.

Operably Linked: Nucleic acid coding segments connected in frame so that the properties of one influence the expression of the other.

Plant-Expressible Coding Regions: Coding regions which are expressible in planta because they contain typical plant regulatory elements to facilitate the expression of the gene of interest.

Plastid Transit Peptide: Any amino acid sequence useful in targeting or localizing a linked amino acid, such as a protein fusion, to a subcellular compartment or organelle such as a plastid.

-16- Progeny: "Progeny" includes any offspring or descendant of the transgenic plant, or any subsequent plant which has the transformant in its lineage. Progeny is not limited to one generation, but rather encompasses the transformant's descendants so long as they contain or express the transgene.

Seeds containing transgenic embryos as well as seeds from the transgenic plants and their offspring or descendants are also important parts of the irvention.

Promoter: A recognition site on a IDNA sequence or group of DNA sequences that provide an expression control element for a structural gene and to which RNA polymerase specifically binds and initiates RNA synthesis (transcription) of thai gene.

Ro is the primary regenerant plant dbrived from transformation of plant tissue or cells in culture.

0o Subsequent progeny or generations derived fiom the Ro are referred to as R, (first generation), R, (second generation), etc.

Regeneration: The process of growing a plant from a plant cell plant protoplast or explant).

Stably maintained within a plant plastid or chloroplast refers to the introduction by s1 electroporation, transformation, transductioni or micelle or liposome-like fusion of a polynucleotide or nucleic acid into a chloroplast or plastid in s4ch a way that the nucleic acid remains within the recipient chloroplast or plastid and within all subsequent progeny of the recipient chloroplast or plastid either by incorporation by recombination into the chlorloplast or plastid genome, or as an autonomously replicating covalently closed circular replicon residing vithin the chloroplast or plastid by means of growth of any plant, plant cell, or plant tissue containing such transformed chloroplast or plastid and while in the presence of a chemical or compound which rejuires one or more genes present on and expressed from the replicon in order to ensure the survival of the ransformed plastid or chloroplast and their progeny plastids or chloroplasts within the plant, plant cell, or plant tissue.

Structural Coding Sequence refers o a DNA sequence that encodes a peptide, polypeptide, or protein that is made by a cell following transciiption of the structural coding sequence to messenger

RNA

(mRNA), followed by translation of the mRN, to the desired peptide, polypeptide, or protein product.

Structural gene: A gene that is expr ssed to produce a polypeptide.

Substantial homology: As this terr is used herein, it refers to nucleic acid or polypeptide sequences which are about 86% homologousj to about 90% homologous, to about 95% homologous, to about 99% homologous. More specifically, th inventors envision substantial homologues to be about 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, and 99 percent homologous to the referent nucleic acid sequence of polypeptide.

Substantial temporal or spatial reg lation refers to the expression of a gene within a plant or plant tissue from a plant operable promoter. With reference to temporal regulation, promoter may be regulated for expression only during specific tmes during plant cell or tissue or even whole plant growth and development. A promoer which is atively expressing one or more genes only during seed -17germination would be one example of temporal regulation. Other examples could include promoters which are actively expressing one or more genes only during times when the plant, plant cell or plant tissue is exposed to certain light intensities or during total darkness. Substantial temporal regulation refers to a promoter which is actively expressed at a certain time but which may or may not be completely suppressed at other times, such that expression may still be detected by monitoring for the presence of some indicator such as an enzyme produced from a coding sequence linked to such promoter, or as measured by the increase or decrease in some gene product such as an mRNA produced at various times throughout plant growth, differentiation, and development and/or in response to various environmental stimuli. Substantial spatial regulation refers to the expression of a gene linked to a promoter from which expression proceeds only during growth and development of certain cells or tissues within a plant. For example, a tapetal promoter would only be expected to be expressed during flower growth and development. Similarly, a root specific or root enhanced promoter would only be expected to be expressed from within root cells or root tissues. Substantially spatially regulated also refers to the level of expression from a particular tissue specific promoter in that particular tissue and as related to levels of expression from that or a similar promoter in other tissues, wherein expression may also be detected in tissues other than the particular tissue in which the promoter expression is preferred, but at significantly lower expression levels as measured by the production of an enzyme produced from a coding sequence linked to the promoter or by the appearance of some detectable gene product. Promoters can also be both substantially temporally and substantially spatially regulated together and simultaneously in a coordinately regulated manner.

Synthetic gene: Synthetic genes encoding the B. thuringiensis 5 -endotoxins of the present invention are those prepared in a manner involving any sort of genetic isolation or manipulation. This includes isolation of the gene from its naturally occurring state, manipulation of the gene as by codon modification (as described herein), or site-specific mutagenesis (as described herein), truncation of the gene or any other manipulative or isolative method.

Terminator: The 3' end transcription termination and polyadenylation sequence.

Transformation: A process of introducing an exogenous DNA sequence a vector, or a recombinant DNA molecule) into a cell or protoplast in which that exogenous DNA is incorporated into a chromosome or is capable of autonomous replication.

30 Transformed cell: A cell which has been altered by the introduction of one or more exogenous DNA molecules into that cell.

Transgene: A gene construct or DNA segment comprising a gene which is desired to be expressed in the recipient cell, tissue or organism. This may include an entire plasmid, or other vector, or may simply include the functional coding section, region, domain, or segment of the transferred DNA construct.

18- Transgenic cell: Any cell derived or regenerated from a transformed cell or derived from a transgenic cell. Exemplary transgenic cells include plant calli derived from a transformed plant cell and particular cells such as leaf, root, stem, somatic cells, or reproductive (germ) cells obtained from a transgenic plant.

Transgenic event: A plant or progeny thereof derived from the insertion of foreign DNA into the nuclear genome of a plant cell or protoplast.

Transgenic plant: A plant or progeny thereof which has been genetically modified to contain and express heterologous DNA sequences as proteins. As specifically exemplified herein, a transgenic soybean plant is genetically modified to contain and express at least one heterologous DNA sequence operably linked to and under the regulatory control of transcriptional control sequences which function in plant cells or tissue or in whole plants. A transgenic plant may also be referred to as a transformed plant.

A transgenic plant also refers to progeny of the initial transgenic plant where those progeny contain and are capable of expressing the heterologous coding sequence under the regulatory control of the plantexpressible transcription control sequences described herein.

is Vector: A DNA molecule capable of replication in a host cell and/or to which another DNA segment can be operatively linked so as to bring about replication of the linked segment. A plasmid is an exemplary vector.

4.3 SYNTHESIS AND ISOLATION OF A NUCLEIC ACID SEGMENT ENCODING A B. THURINGIENSIS AND PLASTID TARGETING

SEQUENCES

The present invention discloses novel DNA constructs comprising polynucleotide sequences encoding B. thuringiensis 5-endotoxins, as well as plastid targeting sequences. Methods for the construction and expression of synthetic B. thuringiensis genes in plants are well known by those of skill in the art and are described in detail in U. S. Patent 5,500,365. The present invention contemplates the use of Cry2A B. thuringiensis genes in the transformation of both monocotyledonous and dicotyledonous plants. To potentiate the expression of these genes, the present invention provides DNA constructs comprising polynucleotide segments encoding plastid targeting peptides positioned upstream of the polynucleotide sequences encoding the desired B. thuringiensis 5-endotoxins. In particular, sequences encoding B. thuringiensis 5-endotoxins lacking substantial Dipteran species inhibitory activity are contemplated.

4.4 Probes and Primers In one aspect, nucleotide sequence information provided by the invention allows for the preparation of relatively short DNA sequences having the ability to specifically hybridize to gene sequences of the selected polynucleotides disclosed herein. In these aspects, nucleic acid probes of an appropriate length are prepared based on a consideration of selected polypeptide sequences encoding Cry2A 5 -endotoxin polypeptides, a sequence such as that shown in SEQ ID NO: These nucleic -19acid probes may also be prepared based on a consideration of selected polynucleotide sequences encoding a plastid targeting peptide, such as those shown in SEQ ID NO:3, SEQ ID NO:5, SEQ ID NO:7, and SEQ ID NO:9. The ability of such nucleic acid probes to specifically hybridize to a gene sequence encoding a polypeptide or a plastid targeting peptide sequence lends to them particular utility in a variety s of embodiments. Most importantly, the probes may be used in a variety of assays for detecting the presence of complementary sequences in a given sample.

In certain embodiments, it is advantageous to use oligonucleotide primers. The sequence of such primers is designed using a polynucleotide of the present invention for use in detecting, amplifying or mutating a defined segment of a crystal protein gene from B. thuringiensis using PCRTM technology. The .0 process may also be used to detect, amplify or mutate a defined segment of the polynucleotide encoding a plastid targeting peptide. Segments of genes related to the polynucleotides encoding the 6-endotoxin polypeptides and plastid targeting peptides of the present invention may also be amplified by PCRTM using such primers.

To provide certain of the advantages in accordance with the present invention, a preferred nucleic acid sequence employed for hybridization studies or assays includes sequences that are complementary to at least a 14 to 30 or so long nucleotide stretch of a polynucleotide sequence encoding a crystal protein, such as that shown in SEQ ID NO: or sequences that are complementary to at least a 14 to 30 or so long nucleotide stretch of a sequence encoding a plastid targeting peptide, such as those shown in SEQ ID NO:3, SEQ ID NO:5, SEQ ID NO:7, and SEQ ID NO:9.

A size of at least 14 nucleotides in length helps to ensure that the fragment will be of sufficient length to form a duplex molecule that is both stable and selective. Molecules having complementary sequences over segments greater than 14 bases in length are generally preferred. In order to increase stability and selectivity of the hybrid, and thereby improve the quality and degree of specific hybrid molecules obtained, one will generally prefer to design nucleic acid molecules having genecomplementary sequences of 14 to 20 nucleotides, or even longer where desired. Such fragments may be readily prepared by, for example, directly synthesizing the fragment by chemical means, by application of nucleic acid reproduction technology, such as the PCRTM technology of U. S. Patents 4,683.195, and 4,683,202 (each specifically incorporated herein by reference), or by excising selected DNA fragments from recombinant pasmids containing appropriate inserts and suitable restriction sites.

4.5 Expression Vectors The present invention also contemplates an expression vector comprising a polynucleotide of the present invention. Thus, in one embodiment an expression vector is an isolated and purified

DNA

molecule comprising a promoter operatively linked to a coding region that encodes a polypeptide of the present invention, which coding region is operatively linked to a transcriptionterminating region whereby the promoter drives the transcription of the coding region. The coding region may include a segment encoding a B. thuringiensis 8-endotoxin and a segment encoding a plastid target peptide. The DNA molecule comprising the expression vector may also contain a functional intron As used herein, the terms "operatively linked" or "operably linked" mean that a promoter is connected to a coding region in such a way that the transcription of that coding region is controlled and regulated by that promoter. Means for operatively linking a promoter to a coding region to regulate both upstream and downstream are well known in the art.

Preferred plant transformation vectors include those derived from a Ti plasmid of Agrobacterium tumefaciens, as well as those disclosed, by Herrera-Estrella (1983), Bevan (1983), Klee (1985) and Eur. Pat Appl. No. EP 0120516 (each specifically incorporated herein by reference).

Promoters that function in bacteria are well known in the art. Exemplary and preferred promoters for the B. thuringiensis crystal proteins include the sigA, sigE, and sigK gene promoters. Alternatively, native, mutagenized, heterologous, or recombinant crystal protein-encoding gene promoters themselves can be used.

Where an expression vector of the present invention is to be used to transform a plant, a promoter is selected that has the ability to drive expression in that particular species of plant. Promoters that function in different plant species are also well known in the art. Promoters useful in expressing the polypeptide in plants are those which are inducible, viral, synthetic, or constitutive as described (Odell et al., 1985), and/or temporally regulated, spatially regulated, and spatio-temporally regulated. Preferred promoters include the enhanced CaMV35S promoters, and the FMV35S promoter.

4.5.1 Vectors with Plastid Targeting Peptide-Encoding Segments In accordance with the present invention, expression vectors designed to specifically potentiate the expression of the polypeptide in the transformed plant may include certain regions encoding plastid targeting peptides (PTP). These regions allow for the cellular processes involved in transcription.

translation and expression of the encoded protein to be fully exploited when associated with certain B.

thuringiensis 5-endotoxins. Sich plastid targeting peptides function in a variety of ways, such as for example, by transferring the expressed protein to the cell structure in which it most effectively operates, or by transferring the expressed protein to areas of the cell in which cellular processes necessary for expression are concentrated.

The use of PTPs may also increase the frequency of recovery of morphologically normal plants, and the frequency at which transgenic plants may be recovered. Given that commercially viable expression of both CrylA and Cry3A-type B. thuringiensis 8-endotoxins have been achieved by expression of forms of the proteins that remain localized in the cytosol non-targeted forms), expression of non-targeted forms of both Cry2Aa and Cry2Ab were also initially attempted in transgenic cotton, tobacco, and corn.

In corn, non-targeted Cry2Ab expression transformation vectors yield relatively few transgenic events independent insertion events into the corn genome) with Cry2Ab expression levels sufficient -21 for commercially acceptable insect control. Moreover, many of the corn transformants expressing nontargeted Cry2Ab exhibited obvious growth defects such as severe reduction in stature (stunting) or severe yellowing of the leaves (chlorosis) that rendered the plants commercially unacceptable. Expression levels of non-targeted Cry2Ab in corn were no higher than approximately 15 ppm, a level minimally required for Cry2Ab-mediated control of European corn borer (ECB).

Although studies involving expression of plastid targeted CrylA-type B. thuringiensis 8endotoxins in transgenic plants have been described (Wong et al., 1992) targeting of the nonhomologous Cry2A or Cry2A proteins has not previously been described. One report of plastid targeted Cry lAc expression indicated that such targeting results in little or no increase in CrylAc expression (U.S.

Patent No. 5,500,365). Another report indicated that an increase in expression of a plastid targeted form of CrylAc required the inclusion of 'a new 5' untranslated leader sequence (Wong et al., 1992) and that the effect of the leader and targeting sequences on expression was highly dependent on the coding sequence of the structural gene. Wong et al. concluded that inclusion of both the leader sequence and plastid transit peptide increased CrylAc expression 18-fold, but the same sequences increased glucuronidase expression only 6-fold. Finally, none of the previous reports predicted that plastid targeting would result in increased recovery of morphologically normal B. thuringiensis expressing plants.

The present invention discloses that transgenic corn plants expressing Dipteran inactive Cry2A such as Cry2Ab, at levels up to 10-fold higher than required for ECB control were recovered at significantly higher frequencies when a plastid targeted form of the Cry2A was used. In the case of Cry2Ab, elevated expression is critical in obtaining transgenic corn with ECB control since the LCso of Cry2Ab against ECB is significantly higher than the LC 5 o ECB of the CrylAb B. thuringiensis currently used to control ECB in transgenic corn S. Patent 5,338,544, 1994; Macintosh et 1990; Armstrong et 1995).

Increased expression is also especially valuable in that it provides additional protection against development of resistance via a high dose strategy (McGaughey and Whalon, 1993; Roush, 1994). High level expression is even further desirable as it provides sustained insect protection in instances where insecticidal gene expression decreases due to environmental conditions. Additionally and unexpectedly, corn plants transformed with plastid targeted Cry2Ab expression vectors exhibited normal growth and development.

A significant distinction between targeted and non-targeted (cytosolic) expression of Cry2Ab was the dramatic increase in levels of Cry2Ab protein in plants transformed with the plastid targeted Cry2Ab expression vector relative to plants transformed with the cytosolic Cry2Ab vector. This result was very unexpected. Also, in contrast to the teachings of previous work, the invention disclosed herein reveals 22 that enhanced recovery of phenotypically normal transgenic plants can be achieved using the disclosed methods of plastid targeted expression.

An example of a plastid targeting peptide (PTP) is a chloroplast targeting peptide. Chloroplast targeting peptides have been found particularly useful in the glyphosate resistant selectable marker system. In this system, plants transformed to express a protein conferring glyphosate resistance are transformed with a PTP that targets the peptide to the cell's chloroplasts. Glyphosate inhibits the shikimic acid pathway which leads to the biosynthesis of aromatic compounds including amino acids and yitamins. Specifically, glyphosate inhibits the conversion of phosphoenolpyruvic acid. and 3phosphoshikimic acid to 5-enolpyruvyl-3-phosphoshikimic acid by inhibiting the enzyme 3-phosphoshikimic acid synthase (EPSP synthase or EPSPS). Supplemental EPSPS, conferred via insertion of a transgene encoding this enzyme, allows the cell to resist the effects of the glyphosate. Thus, as the herbicide glyphosate functions to kill the cell by interrupting aromatic amino acid biosynthesis, particularly in the cell's chloroplast, the PTP allows increased resistance to the herbicide by concentrating what glyphosate resistance enzyme the cell expresses in the chloroplast, i.e. in the target organelle of the is cell. Exemplary herbicide resistance enzymes include ESPS as noted above, glyphosate oxido-reductase (GOX) and the aroA gene (see U.S. Patent No. 4,535,060, specifically incorporated herein by reference in its entirety).

PTPs can target proteins to chloroplasts and other plastids. For example, the target organelle may be the amyloplast. Preferred PTPs of the present invention include those targeting both chloroplasts as well as other plastids. Specific examples of preferred PTPs include the maize RUBISCO SSU protein PTP, and functionally related peptides such as PTPI, PTPA, and PTP2. These PTPs are exemplified by the polypeptides shown in SEQ ID NO:4, SEQ ID NO:6, SEQ ID NO:8, and SEQ ID Polynucleotide sequences encoding for these polypeptides are shown in SEQ ID NO:3, SEQ ID SEQ ID NO:7, and SEQ ID NO:9.

Recombinant plants, cells, seeds, and other plant tissues could also be produced in which only the mitochondrial or chloroplast DNA has been altered to incorporate the molecules envisioned in this application. Promoters which function in chloroplasts have been known in the art (Hanley-Bowden et al., Trends in Biochemical Sciences 12:67-70, 1987). Methods and compositions for obtaining cells containing chloroplasts into which heterologous DNA has been inserted has been described by Daniell et al., U.S. Pat. No. 5,693,507 (1997). McBride et al. (WO 95/24492) disclose localization and expression of genes encoding Cry A 6-endotoxin protein in tobacco plant chloroplast genomes. As disclosed herein, localization of Cry2Aa to the chloroplast or plastid results in decreased levels of expression as measured by accumulation of Cry2Aa 6-endotoxin, which is in contrast to the improved expression of chloroplast or plastid localized Cry2Ab

I

23 4.5.2 Use of Promoters in Expression Vectors The expression of a gene which exists in double-stranded DNA form involves transcription of messenger RNA (mRNA) from the coding strand of the DNA by an RNA polymerase enzyme, and the subsequent processing of the mRNA primary transcript inside the nucleus. Transcription of DNA into mRNA is regulated by a region of DNA usually referred to as the "promoter". The promoter region contains a sequence of bases that signals RNA polymerase to associate with the DNA and to initiate the transcription of mRNA using one of the DNA strands as a template to make a corresponding strand of RNA. The particular promoter selected should be capable of causing sufficient expression of the enzyme coding sequence to result in the production of an effective insecticidal amount of the B. thuringiensis protein.

The 3' non-translated region of the chimeric plant genes of the present invention also contains a polyadenylation signal which functions in plants to cause the addition of adenylate nucleotides to the 3' end of the RNA. Examples of preferred 3' regions are the 3' transcribed, non-translated regions containing the polyadenylation signal of Agrobacterium tumor-inducing (Ti) plasmid genes, such as the is nopaline synthase (NOS) gene and the 3' ends of plant genes such as the pea ssRUBISCO E9 gene (Fischhoffel al., 1987).

A promoter is selected for its ability to direct the transformed plant cell's or transgenic plant's transcriptional activity to the coding region, to ensure sufficient expression of the enzyme coding sequence to result in the production of insecticidal amounts of the B. thuringiensis protein. Structural genes can be driven by a variety of promoters in plant tissues. Promoters can be near-constitutive (i.e.

they drive transcription of the transgene in all tissue), such as the CaMV35S promoter, or tissue-specific or developmentally specific promoters affecting dicots or monocots. Where the promoter is a nearconstitutive promoter such as CaMV35S or FMV35S, increases in polypeptide expression are found in a variety of transformed plant tissues and most plant organs callus, leaf, seed and root). Enhanced or duplicate versions of the CaMV35S and FMV35S promoters are particularly useful in the practice of this invention (Kay et al., 1987: Rogers. U. S. Patent 5,378,619).

Those skilled in the art will recognize that there are a number of promoters which are active in plant cells, and have been described in the literature. Such promoters may be obtained from plants or plant viruses and include, but are not limited to, the nopaline synthase (NOS) and octopine synthase (OCS) promoters (which are carried on tumor-inducing plasmids of A. lumefaciens), the cauliflower mosaic virus (CaMV) 19S and 35S promoters, the light-inducible promoter from the small subunit of ribulose 1,5-bisphosphate carboxylase (ssRUBISCO, a very abundant plant polypeptide), the rice Acti promoter and the Figwort Mosaic Virus (FMV) 35S promoter. All of these promoters have been used to create various types of DNA constructs which have been expressed in plants (see McElroy et al.

1990, U. S. Patent 5,463,175).

-24- In addition, it may also be preferred to bring about expression of the B. thuringiensis in specific tissues of the plant by using plant integrating vectors containing a tissue-specific promoter.

Specific target tissues may include the leaf, stem, root, tuber, seed, fruit, etc., and the promoter chosen should have the desired tissue and developmental specificity. Therefore, promoter function should be optimized by selecting a promoter with the desired tissue expression capabilities and approximate promoter strength and selecting a transformant which produces the desired insecticidal activity in the target.tissues. This selection approach from the pool of transformants is routinely employed in expression of heterologous structural genes in plants since there is variation between transformants containing the same heterologous gene due to the site of gene insertion within the plant genome (commonly referred to to as "position effect"). In addition to promoters which are known to cause transcription (constitutive or tissue-specific) of DNA in plant cells, other promoters may be identified for use in the current invention by screening a plant cDNA library for genes which are selectively or preferably expressed in the target tissues and then determine the promoter regions.

An exemplary tissue-specific promoter is the lectin promoter, which is specific for seed tissue.

The lectin protein in soybean seeds is encoded by a single gene (Lel) that is only expressed during seed maturation and accounts for about 2 to about 5% of total seed mRNA. The lectin gene and seed-specific promoter have been fully characterized and used to direct seed specific expression in transgenic tobacco plants (Vodkin et al., 1983; Lindstrom et al., 1990). An expression vector containing a coding region that encodes a polypeptide of interest can be engineered to be under control of the lectin promoter and that vector may be introduced into plants using, for example, a protoplast transformation method (Dhir et al., 1991). The expression of the polypeptide would then be directed specifically to the seeds of the transgenic plant.

A transgenic plant of the present invention produced from a plant cell transformed with a tissue specific promoter can be crossed with a second transgenic plant developed from a plant cell transfonned with a different tissue specific promoter to produce a hybrid transgenic plant that shows the effects of transformation in more than one specific tissue.

Other exemplary tissue-specific promoters are corn sucrose synthetase 1 (Yang et al., 1990). corn alcohol dehydrogenase 1 (Vogel et al., 1989), corn light harvesting complex (Simpson, 1986), corn heat shock protein (Odell et al., 1985), pea small subunit RuBP carboxylase (Poulsen et al., 1986; Cashmore et al., 1983), Ti plasmid mannopine synthase (McBride and Summerfelt, 1989), Ti plasmid nopaline synthase (Langridge et al., 1989), petunia chalcone isomerase (Van Tunen et al., 1988), bean glycine rich protein 1 (Keller et al., 1989), CaMV 35s transcript (Odell et al., 1985) and Potato patatin (Wenzler et al..

1989). Preferred promoters are the cauliflower mosaic virus (CaMV 35S) promoter and the S-E9 small subunit RuBP carboxylase promoter.

The promoters used in the DNA constructs of the present invention may be modified, if desired, to affect their control characteristics. For example, the CaMV35S promoter may be ligated to the portion of the ssRUBISCO gene that represses the expression of ssRUBISCO in the absence of light, to create a promoter which is active in leaves but not in roots. The resulting chimeric promoter may be used as described herein. For purposes of this description, the phrase "CaMV35S" promoter thus includes variations of CaMV35S promoter, promoters derived by means of ligation with operator regions, random or controlled mutagenesis, etc. Furthermore, the promoters may be altered to contain multiple "enhancer sequences" to assist in elevating gene expression. Examples of such enhancer sequences have been reported by Kay et al. (1987). Chloroplast or plastid specific promoters are known in the art (Daniell et al., US Pat. No. 5,693,507; herein incorporated by reference), for example promoters obtainable from chloroplast genes, such as the psbA gene from spinach or pea, the rbcL and atpB o0 promoter region from maize, and rRNA promoters. Any chloroplast or plastid operable promoter is within the scope of the present invention.

The RNA produced by a DNA construct of the present invention also contains a 5' non-translated leader sequence. This sequence can be derived from the promoter selected to express the gene, and can be specifically modified so as to increase translation of the mRNA. The 5' non-translated regions can also be obtained from viral RNAs, from suitable eukaryotic genes, or from a synthetic gene sequence.

The present invention is not limited to constructs wherein the non-translated region is derived from the non-translated sequence that accompanies the promoter sequence. As shown below, a plant gene leader sequence which is useful in the present invention is the petunia heat shock protein 70 (hsp70) leader (Winter et al., 1988).

2o An exemplary embodiment of the invention involves the plastid targeting or plastid localization of the B. thuringiensis amino acid sequence. Plastid targeting sequences have been isolated from numerous nuclear encoded plant genes and have been shown to direct importation of cytoplasmically synthesized proteins into plastids (reviewed in Keegstra and Olsen, 1989). A variety of plastid targeting sequences, well known in the art, including but not limited to ADPGPP, EPSP synthase, or ssRUBISCO may be utilized in practicing this invention. In alternative embodiments preferred, plastidic targeting sequences (peptide and nucleic acid) for monocotyledonous crops may consist of a genomic codin fragment containing an intron sequence as well as a duplicated proteolytic cleavage site in the encoded plastidic targeting sequences.

The most preferred nucleic acid sequence, referred to herein as zmSSU PTP (SEQ ID NO:3).

consists of a genomic coding fragment containing an intron sequence as well as a duplicated proteolvtic cleavage site in the encoded plastidic targeting sequences, was derived from plastid targeting sequence zmS I (Russell et al., 1993). Direct translational fusions ofzmSSU PTP peptide sequence (SEQ ID NO:4) to the amino terminus of the sequences are useful in obtaining elevated levels of the polypeptide in transgenic maize. In-frame fusions of the zmSSU PTP nucleic acid sequence (SEQ ID NO:3) to the -26cry2Ab gene (SEQ ID NO:1) can be effected by ligation of the Ncol site at the 3' (C-terminal encoding) end of the zmSSU PTP sequence with the 5' Ncol site (N-terminal encoding) of the crv2Ab sequence.

The preferred sequence for dicotyledonous crops referred to herein as PTP2 (SEQ ID NO:9), consists of a genomic coding fragment containing the chloroplast targeting peptide sequence from the EPSP synthase gene of Arabidopsis thaliana in which the transit peptide cleavage site of the pea ssRUBISCO PTP replaces the native EPSP synthase PTP cleavage site (Klee et al., 1987).

As noted above, the 3' non-translated region of the chimeric plant genes of the present invention contains a polyadenylation signal which functions in plants to cause the addition of adenylate nucleotides to the 3' end of the RNA. Examples of preferred 3' regions are the 3' transcribed, non-translated regions containing the polyadenylate signal ofAgrobacterium tumor-inducing (Ti) plasmid genes, such as the nopaline synthase (NOS) gene and plant genes such as the pea ssRUBISCO E9 gene (Fischhoff et al., 1987).

4.5.3 Use of Introns in Expression Vectors For optimized expression in monocotyledonous plants, an intron may also be included in the s1 DNA expression construct. Such an intron is typically placed near the 5'-end of the mRNA in untranslated sequence. This intron could be obtained from, but not limited to, a set of introns consisting of the maize Heat Shock Protein (HSP) 70 intron S. Patent 5,424,412; 1995), the rice Acti intron (McEIroy et al., 1990), the Adh intron 1 (Callis el al., 1987), or the sucrose synthase intron (Vasil et al., 1989). As shown herein, the maize HSP70 intron is useful in the present invention.

4.5.4 USE OF TERMINATORS IN EXPRESSION

VECTORS

RNA polymerase transcribes a nuclear genome coding DNA sequence through a site where polyadenylation occurs. Typically, DNA sequences located a few hundred base pairs downstream of the polyadenylation site serve to terminate transcription. Those DNA sequences are referred to herein as transcription-termination regions. Those regions are required for efficient polyadenylation of transcribed messenger RNA (mRNA). For coding sequences introduced into a chloroplast or plastid, or into a chloroplast or plastid genome, mRNA transcription termination is similar to methods well known in the bacterial gene expression art. For example, either in a polycistronic or a monocistronic sequence, transcription can be terminated by stem and loop structures or structures similar to rho dependent sequences.

Constructs will typically include the gene of interest along with a 3' end DNA sequence that acts as a signal to terminate transcription and, in constructs intended for nuclear genome expression, allow for the polyadenylation of the resultant mRNA. The most preferred 3' elements are contemplated to be those from the nopaline synthase gene of A. tumefaciens (nos 3'end) (Bevan et al., 1983), the terminator for the T7 transcript from the octopine synthase gene OF A. tumefaciens, and the 3' end of the protease inhibitor i -27or ii genes from potato or tomato. Regulatory elements such as TMV f element (Gallie, et al., 1989), may further be included where desired.

4.5.5 Other Expression-Enhancing Elements Another type of element which can regulate gene expression is the DNA sequence between the transcription initiation site ind the start of the coding sequence, termed the untranslated leader sequence.

The leader sequence can influence gene expression. Compilations of leader sequences have been made to predict optimum or sub-optimum sequences and generate "consensus" and preferred leader sequences (Joshi, 1987). Preferred leader sequences are contemplated to include those which comprise sequences predicted to direct optimum expression of the linked structural gene, i.e. to include a preferred consensus io leader sequence which may increase or maintain mRNA stability and prevent inappropriate initiation of translation. The choice of such sequences will be known to those of skill in the art in light of the present disclosure. Sequences that are derived from genes that are highly expressed in plants, and in maize in particular, will be most preferred. One particularly useful leader may be the petunia HSP70 leader.

Transcription enhancers or duplications of enhancers could be used to increase expression. These is enhancers often are found 5' to the start of transcription in a promoter that functions in eukaryotic cells, but can often be inserted in the forward or reverse orientation 5' or 3' to the coding sequence. Examples of enhancers include elements from the CaMV 35S promoter, octopine synthase genes (Ellis e al., 1987), the rice actin gene, and promoter from non-plant eukaryotes yeast; Ma et al., 1988).

4.5.6 Multigene Vector Constructs and IRES In certain embodiments of the invention, the use of internal ribosome binding sites (IRES) elements are used to create multigene, or polycistronic, messages. IRES elements are able to bypass the ribosome scanning model of 5' methylated Cap dependent translation and begin translation at internal sites (Pelletier and Sonenberg, 1988). IRES elements from two members of the picornavirus family (polio and encephalomyocarditis) have been described (Pelletier and Sonenberg, 1988), as well an IRES from a mammalian message (Macejak and Samow, 1991). IRES elements can be linked to heterologous open reading frames. Multiple open reading frames can be transcribed together, each separated by an IRES, creating polycistronic messages. By virtue of the IRES element, each open reading frame is accessible to ribosomes for efficient translation. Multiple genes can be efficiently expressed usin a single promoter/enhancer to transcribe a single message.

Any heterologous open reading frame can be linked to IRES elements. This includes genes for secreted proteins, multi-subunit proteins, encoded by independent genes, intracellular or membranebound proteins and selectable markers. In this way, expression of several proteins can be simultaneously engineered into a cell with a single construct and a single selectable marker.

-28- Constructs intended for expression from within a chloroplast or plastid utilizing chloroplast or plastid specific transcriptional and translational machinery can contain either mono- or polycistronic sequences.

4.5.7 Construction of the Expression Vector The choice of which expression vector and ultimately to which promoter a polypeptide coding region is operatively linked depends directly on the functional properties desired, the location and timing of protein expression, and the host cell to be transformed. These are well known limitations inherent in the art of constructing recombinant DNA molecules. However, a vector useful in practicing the present invention is capable of directing the expression of the polypeptide coding region to which it is 0o operatively linked.

Typical vectors useful for expression of genes in higher plants are well known in the art and include vectors derived from the tumor-inducing (Ti) plasmid of A. tumefaciens described (Rogers et a., 1987). However, several other plant integrating vector systems are known to function in plants including pCaMVCN transfer control vector described (Fromm et al., 1986). pCaMVCN (available from Pharmacia, Piscataway, NJ) includes the CaMV35S promoter.

In preferred embodiments, the vector used to express the polypeptide includes a selection marker that is effective in a plant cell, preferably a drug resistance selection marker. One preferred drug resistance marker is the gene whose expression results in kanamycin resistance; i.e. the chimeric gene containing the nopaline synthase promoter, Tn5 neomycin phosphotransferase II (nptll) and nopaline synthase 3' non-translated region described (Rogers et al., 1988).

Means for preparing expression vectors are well known in the art. Expression (transformation) vectors used to transform plants and methods of making those vectors are described in U. S. Patents 4,971,908, 4,940,835, 4,769,061 and 4,757,011 (each of which is specifically incorporated herein by reference). Those vectors can be modified to include a coding sequence in accordance with the present invention.

A variety of methods have been developed to operatively link DNA to vectors via complementary cohesive termini or blunt ends. For instance, complementary homopolymer tracts can be added to the DNA segment to be inserted and to the vector DNA. The vector and DNA segment are then joined by hydrogen bonding between the complementary homopolymeric tails to form recombinant

DNA

molecules.

A coding region that encodes a polypeptide having the ability to confer insecticidal activity to a cell is preferably a polynucleotide encoding a B. thuringiensis 5-endotoxin or a functional equivalent of such a polynucleotide. In accordance with such embodiments, a coding region comprising the DNA sequence of SEQ ID NO: 1 is also preferred.

Specific B. thuringiensis 5-endotoxin polypeptide-encoding genes that have been shown to successfully transform plants in conjunction with plastid targeting peptide-encoding genes, to express the -29- B. Ihuringiensis 8-endotoxins at high levels are those genes comprised within the plasmid vectors.

Preferred plasmids containing plastid targeting sequences include pMON30464, pMON33827 pMON33828, pMON33829. These plasmids are encoded for by the sequences shown in SEQ ID NO: 16, SEQ ID NO:13, SEQ ID NO:14, SEQ ID NO:15. More preferably, plants may be successfully S transformed with any vector containing expression cassettes comprising the nucleotide sequences of nucleotide 1781 to 5869 of SEQ ID NO:16, nucleotide 17 to 3182 of SEQ ID NO:13, nucleotide 17 to 3092 of SEQ ID NO: 14 or nucleotide 17 to 3155 of SEQ ID NO: The work described herein has identified methods of potentiating in planta expression of B thuringiensis 5-endotoxins, which confer resistance to insect pathogens when incorporated into the i" nuclear, plastid, or chloroplast genome of susceptible plants. U. S. Patent 5,500,365 (specifically incorporated herein by reference) describes a method for synthesizing plant genes to optimize the expression level of the protein for which the synthesized gene encodes. This method relates to the modification of the structural gene sequences of the exogenous transgene, to make them more "plant-like" and therefore more likely to be translated and expressed by the plant. A similar method for enhanced expression of transgenes, preferably in monocotyledonous plants, is disclosed in U. S. Patent 5,689,052 (specifically incorporated herein by reference). Agronomic, horticultural, ornamental, and other economically or commercially useful plants can be made in accordance with the methods described herein, to express B. huringiensis 5 -endotoxins at levels high enough to confer resistance to insect pathogens.

Such plants may co-express the B. thuringiensis 8 -endotoxin polypeptide along with other antifungal, antibacterial, or antiviral pathogenesis-related peptides, polypeptides, or proteins; insecticidal proteins; proteins conferring herbicide resistance; and proteins involved in improving the quality of plant products or agronomic performance of plants. Simultaneous co-expression of multiple proteins in plants is advantageous in that it exploits more than one mode of action to control plant pathogenic damage. This can minimize the possibility of developing resistant pathogen strains, broaden the scope of resistance, and potentially result in a synergistic insecticidal effect, thereby enhancing plants ability to resist insect infestation (WO 92/17591).

Specifically contemplated for use in accordance with the present invention are vectors which include the ocs enhancer element. This element was first identified as a 16 bp palindromic enhancer from the octopine synthase (ocs) gene of Agrobacterium (Ellis et al., 1987), and is present in at least 10 other promoters (Bouchez et al., 1989). It is proposed that the use of an enhancer element, such as the ocs element and particularly multiple copies of the element, may be used to increase the level of transcription from adjacent promoters when applied in the context ofmonocot transformation.

It is contemplated that introduction of large DNA sequences comprising more than one gene may be desirable. Introduction of such sequences may be facilitated by use of bacterial or yeast artificial chromosomes (BACs or YACs, respectively), or even plant artificial chromosomes. For example, the use of BACs for Agrobacterium-mediated transformation was disclosed by Hamilton et al. (1996).

Ultimately, the most desirable DNA segments for introduction into a monocot genome may be homologous genes or gene families which encode a desired trait (for example, increased yield), and which are introduced under the control of novel promoters or enhancers, etc., or perhaps even homologous or tissue specific root-collar/sheath-, whorl-, stalk-, earshank-, kernel- or leaf-specific) promoters or control elements. Indeed, it is envisioned that a particular use of the present invention may be the production of transformants comprising a transgene which is targeted in a tissue-specific manner. For example, insect resistant genes may be expressed specifically in the whorl and collar/sheath tissues which are targets for the first and second broods, respectively, of ECB. Likewise, genes encoding proteins with particular activity against rootworm may be targeted directly to root tissues.

Vectors for use in tissue-specific targeting of gene expression in transgenic plants typically will include tissue-specific promoters and also may include other tissue-specific control elements such as enhancer sequences. Promoters which direct specific or enhanced expression in certain plant tissues will Is be known to those of skill in the art in light of the present disclosure.

It also is contemplated that tissue specific expression may be functionally accomplished by introducing a constitutively expressed gene (all tissues) in combination with an antisense gene that is expressed only in those tissues where the gene product is not desired. For example, a gene coding for the crystal toxin protein from B. thuringiensis may be introduced such that it is expressed in all tissues using the 35S promoter from Cauliflower Mosaic Virus. Alternatively, a rice actin promoter or a histone promoter from a dicot or monocot species also could be used for constitutive expression of a gene.

Furthermore, it is contemplated that promoters combining elements from more than one promoter may be useful. For example, U. S. Patent 5,491,288 discloses combining a Cauliflower Mosaic Virus promoter with a histone promoter. Therefore, expression of an antisense transcript of the Bt gene in a maize kernel, using for example a zein promoter, would prevent accumulation of the 5-endotoxin in seed. Hence the protein encoded by the introduced gene would be present in all tissues except the kernel. It is specifically contemplated by the inventors that a similar strategy could be used with the instant invention to direct expression of a screenable or selectable marker in seed tissue.

Alternatively, one may wish to obtain novel tissue-specific promoter sequences for use in accordance with the present invention. To achieve this, one may first isolate cDNA clones from the tissue concerned and identify those clones which are expressed specifically in that tissue, for example, using Northern blotting. Ideally, one would like to identify a gene that is not present in a high copy number, but which gene product is relatively abundant in specific tissues. The promoter and control elements of corresponding genomic clones may this be localized using the techniques of molecular biology known to those of skill in the art.

-31 It is contemplated that expression of some genes in transgenic plants will be desired only under specified conditions. For example, it is proposed that expression of certain genes that confer fesistance to environmentally stress factors such as drought will be desired only under actual stress conditions. It further is contemplated that expression of such genes throughout a plants development may have detrimental effects. It is known that a large number of genes exist that respond to the environment. For example, expression of some genes such as rbcS, encoding the small subunit of ribulose bisphosphate carboxylase, is regulated by light as mediated through phytochrome. Other genes are induced by secondary stimuli. For example, synthesis of abscisic acid (ABA) is induced by certain environmental factors, including but not limited to water stress. A number of genes have been shown to be induced by 0t ABA (Skriver and Mundy, 1990). It also is expected that expression of genes conferring resistance to insect predation would be desired only under conditions of actual insect infestation. Therefore, for some desired traits, inducible expression of genes in transgenic plants will be desired.

It is proposed that, in some embodiments of the present invention, expression of a gene in a transgenic plant will be desired only in a certain time period during the development of the plant.

Developmental timing frequently is correlated with tissue specific gene expression. For example expression of zein storage proteins is initiated in the endosperm about 15 days after pollination.

It also is contemplated that it may be useful to target DNA itself with a cell. For example, it may be useful to target introduced DNA to the nucleus as this may increase the frequency of transformation.

Within the nucleus itself it would be useful to target a gene in order to achieve site specific integration.

For example, it would be useful to have a gene introduced through transformation replace an existing gene in the cell.

4.6 Identification and Isolation of Insecticidal B. thuringiensis 8 -Endotoxins and Genes It is contemplated that the method described in this invention could be used to obtain substantially improved expression of a number of novel B. thuringiensis endotoxins isolated as described below. Identification of new Bacillus ihuringiensis strains encoding crystalline endotoxins with insecticidal activity has been described previously (Donovan et al., 1992). Isolation of the B.

thuringiensis endotoxin, followed by amino terminal amino acid sequencing, back-translation of the amino acid sequence to design an oligonucleotide probe or use of a related B. thuringiensis gene as a probe, followed by cloning of the gene encoding the endotoxin by hybridization are familiar to those skilled in the art and have been described, (see Donovan el al., 1992); U. S. Patent 5,264,364, each specifically incorporated herein by reference.

Improved expression of Dipteran-inactive Cry2A B. thuringiensis 5 -endotoxins in transgenic plants can be achieved via the methods described in this invention. One protein for which improved expression is obtained is Cry2Ab.

Previous work indicated that certain Cry2A 6-endotoxins were capable of wider host range specificity than other closely related Cry2A 5 -endotoxins wherein not only Lepidopteran species, but 32 Dipteran species also were particularly susceptible to very low toxin doses. In contrast, the closely related Cry2A endotoxins not displaying substantial Dipteran inhibitory activity were thus shown to be more narrow in their host range specificity (Widner et al., 1989, J. Bacteriol. 171:965-974; Widner et al.

1990, J. Bacteriol. 172:2826-2832). These works indicated that Cry2Ab as used herein does not totally lack Dipteran inhibitory activity, but is simply much less potent than other closely related Cry2A B. thuringiensis 5-endotoxins. Those works indicated that Cry2Ab in particular was much less effective than Cry2Aa, and hence lacked Dipteran activity when tested against Aedes egyptii. There is no one single acceptable means for distinguishing between closely related 5-endotoxins, however, as indicated herein, selection of an appropriate Cry2A could be accomplished by using one or a combination of several methods including but not limited to comparisons in overall amino acid sequence homology, narrowly focused similarity comparisons between Cry2A's in the region specified by amino acid sequence 307-382, or based on IC50 data. Widner et al. demonstrated 50-100 times more Cry2Ab than Cry2Aa was required to obtain a similar IC50 effect on a Dipteran species. Thus, the range of susceptibility of a Dipteran species toward a Cry2A protein could be used as one means of measuring and is distinguishing target insect susceptibility differences between different classes of Cry2A proteins. For example, an IC50 PPM value of about 3-fold greater than that exhibited by Cry2Aa against Aedes egyptii could be utilized as a feature for excluding certain Cry2A proteins as lacking substantial Dipteran species inhibitory activity. However, utilizing an approach based on IC50 inhibitory activity ranges should be used with caution, as these values are very dependent upon a number of highly variable conditions including but not limited to the methods and materials used for assaying the proteins and the physical conditioning of the insects assayed. An alternative means for distinguishing Cry2A 6-endotoxins lacking substantial Dipteran species inhibitory activity from 8-endotoxins which are not within the scope of the present invention could encompass excluding Cry2A proteins which are greater than about 87% similar in amino acid sequence to Cry2Aa, or more preferentially excluding Cry2A proteins which are greater than about 90% similar in amino acid sequence to Cry2Aa. In particular, the region of Cry2Aa corresponding to amino acid residues from about 307 to about 382 are believed to be critical for the Dipteran inhibitory activity of the protein, and when substituted for the complementary region of dissimilarity in Cry2Ab, confers Dipteran inhibitory activity to Cry2Ab protein. Thus, an additional means for distinguishing Cry2A 5-endotoxins which are within the scope of the present invention could encompass a similarity comparison of this region of the protein, taking into consideration the level of homology to be avoided when comparing any particular Cry2A 5-endotoxins to this region in Cry2Aa. The variable amino acids within this 76 amino acid sequence domain, Cry2A 8-endotoxins which are intended to be within the scope of the present invention would preferably be those which are more than from about 80 to about 99 percent similar to Cry2Aa within this sequence, or more preferably those which are more than from about 60 to about 79 percent similar to Cry2Aa within this sequence, or those which are more than from about -33to about 59 percent similar to Cry2Aa within this sequence, or even more preferably those which are more than from about 24 to about 39 percent similar to Cry2Aa within this sequence, or most preferably those Cry2A 5-endotoxins which are more than from about 0 to about 23 percent similar to Cry2Aa within this sequence.

4.7 Transformed Plant Cells and Transgenic Plants A plant transformed with an expression vector of the present invention is also contemplated.

A

transgenic plant derived from such a transformed or transgenic cell is also contemplated. Those skilled in the art will recognize that a chimeric plant gene containing a structural coding sequence of the present invention can be inserted into the genome of a plant by methods well known in the art. Such methods for DNA transformation of plant cells include Agrobacterium-mediated plant transformation, the use of liposomes, transformation using viruses or pollen, electroporation, protoplast transformation, gene transfer into pollen, injection into reproductive organs, injection into immature embryos and particle bombardment. Each of these methods has distinct advantages and disadvantages. Thus, one particular method of introducing genes into a particular plant strain may not necessarily be the most effective for is another plant strain, but it is well known which methods are useful for a particular plant strain.

There are many methods for introducing transforming DNA segments into cells, but not all are suitable for delivering DNA to plant cells. Suitable methods are believed to include virtually any method by which DNA can be introduced into a cell, such as infection by A. tumefaciens and related Agrobacterium strains, direct delivery of DNA such as, for example, by PEG-mediated transformation of protoplasts (Omirulleh et al., 1993), by desiccation/inhibition-mediated DNA uptake, by electroporation, by agitation with silicon carbide fibers, by acceleration of DNA coated particles, etc. In certain embodiments, acceleration methods are preferred and include, for example, microprojectile bombardment and the like.

Technology for introduction of DNA into cells is well-known to those of skill in the art. Four general methods for delivering a gene into cells have been described: chemical methods (Graham and van der Eb, 1973); physical methods such as microinjection (Capecchi, 1980), electroporation (Wong and Neumann, 1982; Fromm e al., 1985) and the gene gun (Johnston and Tang, 1994; Fynan et al., 1993); viral vectors (Clapp, 1993; Lu et al., 1993; Eglitis and Anderson, 1988a; 1988b); and (4) receptor-mediated mechanisms (Curiel et al., 1991; 1992; Wagner et al., 1992).

4.7.1 Electroporation The application of brief, high-voltage electric pulses to a variety of animal and plant cells leads to the formation of nanometer-sized pores in the plasma membrane. DNA is taken directly into the cell cytoplasm either through these pores oras a consequence of the redistribution of membrane components that accompanies closure of the pores. Electroporation can be extremely efficient and can be used both for transient expression of cloned genes and for establishment of cell lines that carry integrated copies of the gene of interest. Electroporation, in contrast to calcium phosphate-mediated transfection and 34 protoplast fusion, frequently gives rise to cell lines that carry one, or at most a few, integrated copies of the foreign DNA.

The introduction of DNA by means of electroporation is well-known to those of skill in the art.

To effect transformation by electroporation, one may employ either friable tissues such as a suspension culture of cells, or embryogenic callus, or alternatively, one may transform immature embryos or other organized tissues directly. One would partially degrade the cell walls of the chosen cells by exposing them to pectin-degrading enzymes (pectolyases) or mechanically wounding in a controlled manner, rendering the cells more susceptible to transformation. Such cells would then be recipient to DNA transfer by electroporation, which may be carried out at this stage, and transformed cells then identified by a suitable selection or screening protocol dependent on the nature of the newly incorporated DNA.

4.7.2 Microprojectile Bombardment A further advantageous method for delivering transforming DNA segments to plant cells is microprojectile bombardment. In this method, particles may be coated with nucleic acids and delivered into cells by a propelling force. Exemplary particles include those comprised of tungsten, gold, platinum.

is and the like. Using these particles, DNA is carried through the cell wall and into the cytoplasm on the surface of small metal particles as described (Klein et al., 1987; Klein et al., 1988; Kawata et al., 1988).

The metal particles penetrate through several layers of cells and thus allow the transformation of cells within tissue explants. The microprojectile bombardment method is preferred for the identification of chloroplast or plastid directed transformation events.

An advantage of microprojectile bombardment, in addition to it being an effective means of reproducibly stably transforming plant cells, is that neither the isolation of protoplasts (Cristou et a., 1988) nor the susceptibility to Agrobacterium infection is required. An illustrative embodiment of a method for delivering DNA into plant cells by acceleration is a Biolistics Particle Delivery System, which can be used to propel particles coated with DNA or cells through a screen, such as a stainless steel or Nytex screen, onto a filter surface covered with the plant cultured cells in suspension. The screen disperses the particles so that they are not delivered to the recipient cells in large aggregates. It is believed that a screen intervening between the projectile apparatus and the cells to be bombarded reduces the size of projectiles aggregate and may contribute to a higher frequency of transformation by reducing damage inflicted on the recipient cells by projectiles that are too large.

For the bombardment, cells in suspension are preferably concentrated on filters or solid culture medium. Alternatively, immature embryos or other target cells may be arranged on solid culture medium.

The cells to be bombarded are positioned at an appropriate distance below the microprojectile stopping plate. If desired, one or more screens are also positioned between the acceleration device and the cells to be bombarded. Through the use of techniques set forth herein one may obtain up to 1000 or more foci of cells transiently expressing a marker gene. The number of cells in a focus which express the exogenous gene product 48 hours post-bombardment often range from I to 10 and average I to 3.

In bombardment transformation, one may optimize the prebombardment culturing conditions and the bombardment parameters to yield the maximum numbers of stable transformants. Both the physical and biological parameters for bombardment are important in this technology. Physical factors are those that involve manipulating the DNA/microprojectile precipitate or those that affect the flight and velocity s of either the macro- or microprojectiles. Biological factors include all steps involved in manipulation of cells before and immediately after bombardment, the osmotic adjustment of target cells to help alleviate the trauma associated with bombardment, and also the nature of the transforming DNA, such as linearized DNA or intact supercoiled plasmids. It is believed that pre-bombardment manipulations are especially important for successful transformation of immature plant embryos.

Accordingly, it is contemplated that one may desire to adjust various of the bombardment parameters in small scale studies to fully optimize the conditions. One may particularly wish to adjust physical parameters such as gap distance, flight distance, tissue distance, and helium pressure. One may also minimize the trauma reduction factors (TRFs) by modifying conditions which influence the physiological state of the recipient cells and which may therefore influence transformation and integration I. efficiencies. For example, the osmotic state, tissue hydration and the subculture stage or cell cycle of the recipient cells may be adjusted for optimum transformation. The execution of other routine adjustments will be known to those of skill in the art in light of the present disclosure.

The methods of'particle-mediated transformation is well-known to those of skill in the art. U. S.

Patent 5,015,580 (specifically incorporated herein by reference) describes the transformation of soybeans using such a technique.

4.73 Agrobacterium-Mediatcd Transfer Agrobacterium-mediated transfer is a widely applicable system for introducing genes into plant cells because the DNA can be introduced into whole plant tissues, thereby bypassing the need for regeneration of an intact plant from a protoplast. The use of Agrobacterium-mediated plant integrating vectors to introduce DNA into plant cells is well known in the art. See, for example, the methods described (Fraley et al., 1985; Rogers et al., 1987). The genetic engineering of cotton plants using Agrobacterium-mediated transfer is described in U. S. Patent 5,004,863 (specifically incorporated herein by reference); like transformation of lettuce plants is described in U. S. Patent 5,349,124 (specifically incorporated herein by reference); and the Agrobacterium-mediated transformation of soybean is described in U. S. Patent 5,416,011 (specifically incorporated herein by reference). Further, the integration of the Ti-DNA is a relatively precise process resulting in few rearrangements. The region of DNA to be transferred is defined by the border sequences, and intervening DNA is usually inserted into the plant genome as described (Spielmann er al., 1986; Jorgensen et al., 1987).

Modem Agrobacterium transformation vectors are capable of replication in E. coli as well as Agrobacterium, allowing for convenient manipulations as described (Klee e al., 1985). Moreover, recent technological advances in vectors for Agrobacterium-mediated gene transfer have improved the -36arrangement of genes and restriction sites in the vectors to facilitate construction of vectors capable of expressing various polypeptide coding genes. The vectors described (Rogers et 1987), have convenient multi-linker regions flanked by a promoter and a polyadenylation site for direct expression of inserted polypeptide coding genes and are suitable for present purposes. In addition, Agrobacterium containing both armed and disarmed Ti genes can be used for the transformations. In those plant varieties where Agrobacteriunm-mediated transformation is efficient, it is the method of choice because of the facile Agrobacterium-mediated transformation of leaf disks and other tissues such as cotyledons and hypocotyls appears to be limited to plants that Agrobacierium naturally infects. Agrobacteriu m ediated transformation is most efficient in dicotyledonous plants. Few monocots appear to be natural hosts for Agrobacteriuln, although transgenic plants have been produced in asparagus using Agrobacteriun vectors as described (Bytebier et al., 1987). Other monocots recently have also been transformed with Agrobacterium. Included in this group are corn (Ishida et al.) and rice (Cheng et al.).

A transgenic plant formed using Agrobacterium transformation methods typically contains a single gene on one chromosome. Such transgenic plants can be referred to as being leterozygous for the added gene. However, inasmuch as use of the word "heterozygous" usually implies the presence of a complementary gene at the same locus of the second chromosome of a pair of chromosomes, and there is no such gene in a plant containing one added gene as here, it is believed that a more accurate name for such a plant is an independent segregant, because the added, exogenous gene segregates independently during mitosis and meiosis.

An independent segregant may be preferred when the plant is commercialized as a hybrid, such as corn. In this case, an independent segregant containing the gene is crossed with another plant, to form a hybrid plant that is heterozygous for the gene of interest.

An alternate preference is for a transgenic plant that is homozygous for the added structural gene; i.e. a transgenic plant that contains two added genes, one gene at the same locus on each chromosome of a chromosome pair. A homozygous transgenic plant can be obtained by sexually mating (selfing) an independent segregant transgenic plant that contains a single added gene, germinating some of the seed produced and analyzing the resulting plants produced for gene of interest activity and mendelianl inheritance indicating homozygosity relative to a control (native, non-transgenic) or an independent segregant transgenic plant.

Two different transgenic plants can be mated to produce offspring that contain two independently segregating added, exogenous genes. Selfing of appropriate progeny can produce plants that are homozygous for both added, exogenous genes that encode a polypeptide of interest. Back-crossing to a parental plant and out-crossing with a non-transgenic plant are also contemplated.

-37- Transformation of plant protoplasts can be achieved using methods based on calcium phosphate precipitation, polyethylene glycol treatment, electroporation, and combinations of these treatments (see Potrykus et al., 1985; Lorz el al., 1985; Fromm et al., 1985; Uchimiya et 1986; Callis et a., 1987; Marcotte et al., 1988).

Application of these systems to different plant germplasm depends upon the ability to regenerate that particular plant variety from protoplasts. Illustrative methods for the regeneration of cereals from protoplasts are described (see, Fujimura e al., 1985; Toriyama et al, 1986; Yamada et 1986; Abdullah e al., 1986).

To transform plant germplasm that cannot be successfully regenerated from protoplasts, other ways to introduce DNA into intact cells or tissues can be utilized. For example, regeneration of cereals from immature embryos or explants can be effected as described (Vasil, 1988).

4.8 Gene Expression in Plants Unmodified bacterial genes are often poorly expressed in transgenic plant cells. Plant codon usage more closely resembles that of humans and other higher organisms than unicellular organisms, such is as bacteria. Several reports have disclosed methods for improving expression of recombinant genes in plants Murray et al, 1989; Diehn et al., 1996; lannacone et al., 1997; Rouwendal et al., 1997; Futterer et 1997; and Futterer and Hohn, 1996). These reports disclose various methods for engineering coding sequences to represent sequences which are more efficiently translated based on plant codon frequency tables, improvements in codon third base position bias, using recombinant sequences which avoid suspect polyadenylation or A/T rich domains or intron splicing consensus sequences. While these methods for synthetic gene construction are notable, synthetic genes of the present invention were prepared according to the method of Brown et al. (US Pat. No. 5,689,052; 1997), which is herein incorporated in its entirety by reference. Thus, the present invention provides a method for preparing synthetic plant genes express in planta a desired protein product at levels significantly higher than the wild-type genes. Briefly, according to Brown et al., the frequency of rare and semi-rare monocotyledonous codons in a polynucleotide sequence encoding a desired protein are reduced and replaced with more preferred monocotyledonous codons. Enhanced accumulation of a desired polypeptide encoded by a modified polynucleotide sequence in a monocotyledonous plant is the result of increasing the frequency of preferred codons by analyzing the coding sequence in successive six nucleotide fragments and altering the sequence based on the frequency of appearance of the six-mers as to the frequency of appearance of the rarest 284, 484, and 664 six-mers in monocotyledonous plants. Furthermore, Brown et al. disclose the enhanced expression of a recombinant gene by applying the method for reducing the frequency of rare codons with methods for reducing the occurrence of polyadenylation signals and intron splice sites in the nucleotide sequence, removing self-complementary sequences in the nucleotide sequence and replacing such sequences with nonself-complementary nucleotides while maintaining a structural gene encoding the polypeptide, and reducing the frequency of occurrence of 5'-CG-3' dinucleotide pairs in the nucleotide -38sequence. These steps are performed sequentially and have a cumulative effect resulting in a nucleotide sequence containing a preferential utilization of the more-preferred monocotyledonous codons for monocotyledonous plants for a majority of the amino acids present in the desired polypeptide.

The work described herein has identified methods of potentiating in planta expression of B.

thuringiensis -endotoxins, which confer resistance to insect pathogens when incorporated into the nuclear, plastid, or chloroplast genome of susceptible plants. U. S. Patent 5,500,365 (specifically incorporated herein by reference) describes a method for synthesizing plant genes to optimize the expression level of the protein for which the synthesized gene encodes. This method relates to the modification of the structural gene sequences of the exogenous transgene, to make them more "plant-like'" and therefore more likely to be translated and expressed by the plant, monocot or dicot. However, the method as disclosed in U. S. Patent 5,689,052 provides for enhanced expression of transgenes, preferably in monocotyledonous plants.

4.9 Production of Insect-Resistant Transgenic Plants Thus, the amount of a gene coding for a polypeptide of interest a bacterial crystal protein or 8 -endotoxin polypeptide and a plastid targeting peptide) can be increased in plants by transforming those plants using transformation methods such as those disclosed herein at Section 4.7. In particular, chloroplast or plastid transformation can result in desired coding sequences being present in up to about 10,000 copies per cell in tissues containing these subcellular organelle structures (McBride et al., Bio/Technology 13:362-365, 1995).

DNA can also be introduced into plants by direct DNA transfer into pollen as described (Zhou et al., 1983; Hess, 1987). Expression of polypeptide coding genes can be obtained by injection of the DNA into reproductive organs of a plant as described (Pena et al., 1987). DNA can also be injected directly into the cells of immature embryos and the rehydration of desiccated embryos as described (Neuhaus et al., 1987; Benbrook e al., 1986).

4.9.1 Selection of Transformed Cells After effecting delivery of exogenous DNA to recipient cells, the next step to obtain a transgenic plant generally concern identifying the transformed cells for further culturing and plant regeneration. As mentioned herein, in order to improve the ability to identify transformants, one may desire to employ a selectable or screenable marker gene as, or in addition to, the expressible gene of interest. In this case, one would then generally assay the potentially transformed cell population by exposing the cells to a selective agent or agents, or one would screen the cells for the desired marker gene trait.

An exemplary embodiment of methods for identifying transformed cells involves exposing the transformed cultures to a selective agent, such as a metabolic inhibitor, an antibiotic, herbicide or the like.

Cells which have been transformed and have stably integrated a marker gene conferring resistance to the selective agent used, will grow and divide in culture. Sensitive cells will not be amenable to further culturing. One example of a preferred marker gene confers resistance to glyphosate. When this gene is -39used as a selectable marker, the putatively transformed cell culture is treated with glyphosate. Upon treatment, transgenic cells will be available for further culturing while sensitive, or non-transformed cells will not. This method is described in detail in U. S. Patent 5,569,834, which is specifically incorporated herein by reference. Another example of a preferred selectable marker system is the neomycin phosphotransferase (nptll) resistance system by which resistance to the antibiotic kanamycin is conferred, as described in U. S. Patent 5,569,834 (specifically incorporated herein by reference). Again, after transformation with this system, transformed cells will be available for further culturing upon treatment with kanamycin, while non-transformed cells will not. Yet another preferred selectable marker system involves the use of a gene construct conferring resistance to paromomycin. Use of this type of a selectable marker system is described in U. S. Patent 5,424,412 (specifically incorporated herein by reference).

All contemplated assays are nondestructive and transformed cells may be cultured further following identification. Another screenable marker which may be used is the gene coding for green fluorescent protein.

Transplastonomic selection (selection of plastid or chloroplast transformation events) is simplified by taking advantage of the sensitivity of chloroplasts or plastids to spectinomycin, an inhibitor of plastid or chloroplast protein synthesis, but not of protein synthesis by the nuclear genome encoded cytoplasmic ribosomes. Spectinomycin prevents the accumulation of chloroplast proteins required for photosynthesis and so spectinomycin resistant transformed plant cells may be distinguished on the basis of their difference in color: the resistant, transformed cells are green, whereas the sensitive cells are white, due to inhibition of plastid-protein synthesis. Transformation of chloroplasts or plastids with a suitable bacterial aad gene, or with a gene encoding a spectinomycin resistant plastid or chloroplast functional ribosomal RNA provides a means for selection and maintenance of transplastonomic events (Maliga, Trends in Biotechnology 11:101-106, 1993).

It is further contemplated that combinations of screenable and selectable markers will be useful for identification of transformed cells. In some cell or tissue types a selection agent, such as glyphosate or kanamycin, may either not provide enough killing activity to clearly recognize transformed cells or may cause substantial nonselective inhibition of transformants and nontransformants alike, thus causing the selection technique to not be effective. It is proposed that selection with a growth inhibiting compound, such as glyphosate at concentrations below those that cause 100% inhibition followed by screening of growing tissue for expression of a screenable marker gene such as kanamycin would allow one to recover transformants from cell or tissue types that are not amenable to selection alone. It is proposed that combinations of selection and screening may enable one to identify transformants in a wider variety of cell and tissue types.

4.9.2 Regeneration of Transformants The development or regeneration of plants from either single plant protoplasts or various explants is well known in the art (Weissbach and Weissbach, 1988), This regeneration and growth process typically includes the steps of selection of transformed cells, culturing those individualized cells through s the usual stages of embryonic development through the rooted plantlet stage. Transgenic embryos and seeds are similarly regenerated. The resulting transgenic rooted shoots are thereafter planted in an appropriate plant growth medium such as soil.

The development or regeneration of plants containing the foreign, exogenous gene that encodes a polypeptide of interest introduced by Agrobacterium from leaf explants can be achieved by methods well o0 known in the art such as described (Horsch et 1985). In this procedure, transformants are cultured in the presence of a selection agent and in a medium that induces the regeneration of shoots in the plant strain being transformed as described (Fraley et al., 1983). In particular, U. S. Patent 5,349,124 (specification incorporated herein by reference) details the creation of genetically transformed lettuce cells and plants resulting therefrom which express hybrid crystal proteins conferring insecticidal activity against Lepidopteran larvae to such plants.

This procedure typically produces shoots within two to four months and those shoots are then transferred to an appropriate root-inducing medium containing the selective agent and an antibiotic to prevent bacterial growth. Shoots that rooted in the presence of the selective agent to form plantlets are then transplanted to soil or other media to allow the production of roots. These procedures vary depending upon the particular plant strain employed, such variations being well known in the art.

Preferably, the regenerated plants are self-pollinated to provide homozygous transgenic plants, or pollen obtained from the regenerated plants is crossed to seed-grown plants of agronomically important, preferably inbred lines. Conversely, pollen from plants of those important lines is used to pollinate regenerated plants. A transgenic plant of the present invention containing a desired polypeptide is cultivated using methods well known to one skilled in the art.

A transgenic plant of this invention thus has an increased amount of a coding region encoding a B. thuringiensis 8 -endotoxin polypeptide and a plastid targeting peptide. A preferred transgenic plant is an independent segregant and can transmit that gene and its activity to its progeny. A more preferred transgenic plant is homozygous for that gene, and transmits that gene to all of its offspring on sexual mating. Seed from a transgenic plant may be grown in the field or greenhouse, and resulting sexually mature transgenic plants are self-pollinated to generate true breeding plants. The progeny from these plants become true breeding lines that are evaluated for increased expression of the B. thuringiensis transgene.

4.10 Identification of Transgenic Plant Events with Insect Tolerance To identify a transgenic plant expressing high levels of the 5-endotoxin of interest, it is necessary to screen the herbicide or antibiotic resistant transgenic, regenerated plants (R 0 generation) for insecticidal -41activity and/or expression of the gene of interest. This can be accomplished by various methods well known to those skilled in the art, including but not limited to: 1) obtaining small tissue samples from the transgenic Ro plant and directly assaying the tissue for activity against susceptible insects in parallel with tissue derived from a non-expressing, negative control plant. For example, R, transgenic corn plants expressing B. thuringiensis endotoxins such as Cry2Ab can be identified by assaying leaf tissue derived from such plants for activity against ECB; 2) analysis of protein extracts by enzyme linked immunoassays (ELISAs) specific for the gene of interest (Cry2Ab); or 3) reverse transcriptase

PCR"

m (RT PCR T M to identify events expressing the gene of interest.

4.11 Isolating Homologous Gene and Gene Fragments i0 The genes and 8-endotoxins according to the subject invention include not only the full length sequences disclosed herein but also fragments of these sequences, or fusion proteins, which retain the characteristic insecticidal activity of the sequences specifically exemplified herein.

It should be apparent to a person of skill in this art that insecticidal S-endotoxins can be identified and obtained through several means. The specific genes, or portions thereof, may be obtained from a is culture depository, or constructed synthetically, for example, by use of a gene machine. Variations of these genes may be readily constructed using standard techniques for making point mutations. Also, fragments of these genes can be made using commercially available exonucleases or endonucleases according to standard procedures. For example, enzymes such as Bal31 or site-directed mutagenesis can be used to systematically cut off nucleotides from the ends of these genes. Also, genes which code for active fragments may be obtained using a variety of other restriction enzymes. Proteases may be used to directly obtain active fragments of these 8-endotoxins.

Equivalent 8-endotoxins and/or genes encoding these 8 -endotoxins can also be isolated from Bacillus strains and/or DNA libraries using the teachings provided herein. For example, antibodies to the 8-endotoxins disclosed and claimed herein can be used to identify and isolate other 8 -endotoxins from a mixture of proteins. Specifically, antibodies may be raised to the portions of the 5-endotoxins which are most constant and most distinct from other B. Ihuringiensis 8-endotoxins. These antibodies can then be used to specifically identify equivalent 5-endotoxins with the characteristic insecticidal activity by immunoprecipitation, enzyme linked immunoassay (ELISA), or Western blotting.

A further method for identifying the 8 -endotoxins and genes of the subject invention is through the use of oligonucleotide probes. These probes are nucleotide sequences having a detectable label. As is well known in the art, if the probe molecule and nucleic acid sample hybridize by forming a strong bond between the two molecules, it can be reasonably assumed that the probe and sample are essentially identical. The probe's detectable label provides a means for determining in a known manner whether hybridization has occurred. Such a probe analysis provides a rapid method for identifying insecticidal 8-endotoxin genes of the subject invention.

-42- The nucleotide segments which are used as probes according to the invention can be synthesized by use of DNA synthesizers using standard procedures. In the use of the nucleotide segments as probes, the particular probe is labeled with any suitable label known to those skilled in the art, including radioactive and non-radioactive labels. Typical radioactive labels include 32 3S, or the like. A s probe labeled with a radioactive isotope can be constructed from a nucleotide sequence complementary to the DNA sample by a conventional nick translation reaction, using a DNase and DNA polymerase. The probe and sample can then be combined in a hybridization buffer solution and held at an appropriate temperature until annealing occurs. Thereafter, the membrane is washed free of extraneous materials, leaving the sample and bound probe molecules typically detected and quantified by autoradiography and/or liquid scintillation counting.

Non-radioactive labels include, for example, ligands such as biotin or thyroxin, as well as enzymes such as hydrolyses or peroxidases, or the various chemiluminescers such as luciferin, or fluorescent compounds like fluorescein and its derivatives. The probe may also be labeled at both ends with different types of labels for ease of separation, as, for example, by using an isotopic label at the end Is mentioned above and a biotin label at the other end.

Duplex formation and stability depend on substantial complementary between the two strands of a hybrid, and, as noted above, a certain degree of mismatch can be tolerated. Therefore, the probes of the subject invention include mutations (both single and multiple), deletions, insertions of the described sequences, and combinations thereof, wherein said mutations, insertions and deletions permit formation of stable hybrids with the target polynucleotide of interest. Mutations, insertions, and deletions can be produced in a given polynucleotide sequence in many ways, by methods currently known to an ordinarily skilled artisan, and perhaps by other methods which may become known in the future.

The potential variations in the probes listed is due, in part, to the redundancy of the genetic code.

Because of the redundancy of the genetic code, more than one coding nucleotide triplet (codon) can be used for most of the amino acids used to make proteins. Therefore different nucleotide sequences can code for a particular amino acid. Thus, the amino acid sequences of the B. thuringiensis 8-endotoxins and peptides, and the plastid targeting peptides and the polynucleotides which code for them, can be prepared by equivalent nucleotide sequences encoding the same amino acid sequence of the protein or peptide.

Accordingly, the subject invention includes such equivalent nucleotide sequences. Also, inverse or complement sequences are an aspect of the subject invention and can be readily used by a person skilled in this art. In addition it has been shown that proteins of identified structure and function may be constructed by changing the amino acid sequence if such changes do not alter the protein secondary structure (Kaiser and Kezdy, 1984).; Thus, the subject invention includes mutants of the amino acid sequence depicted herein which do not alter the protein secondary structure, or if the structure is altered, the biological activity is substantially retained. Further, the invention also includes mutants of organisms hosting all or part of a gene encoding a 5-endotoxin and gene encoding a plastid targeting peptide, as 43 discussed in the present invention. Such mutants can be made by techniques well known to persons skilled in the art. For example, UV irradiation can be used to prepare mutants of host organisms.

Likewise, such mutants may include asporogenous host cells which also can be prepared by procedures well known in the art.

s 4.12 Site-Specific Mutagenesis Site-specific mutagenesis is a technique useful in the preparation of individual peptides, or biologically functional equivalent proteins or peptides, through specific mutagenesis of the underlying DNA. The technique further provides a ready ability to prepare and test sequence variants, for example, incorporating one or more of the foregoing considerations, by introducing one or more nucleotide sequence changes into the DNA. Site-specific mutagenesis allows the production of mutants through the use of specific oligonucleotide sequences which encode the DNA sequence of the desired mutation, as well as a sufficient number of adjacent nucleotides, to provide a primer sequence of sufficient size and sequence complexity to form a stable duplex on both sides of the deletion junction being traversed.

Typically, a primer of about 17 to 25 nucleotides in length is preferred, with about 5 to 10 residues on both sides of the junction of the sequence being altered.

In general, the technique of site-specific mutagenesis is well known in the art, as exemplified by various publications. As will be appreciated, the technique typically employs a phage vector which exists in both a single stranded and double stranded form. Typical vectors useful in site-directed mutagenesis include vectors such as the M13 phage. These phage are readily commercially available and their use is generally well known to those skilled in the art. Double stranded plasmids are also routinely employed in site directed mutagenesis which eliminates the step of transferring the gene of interest from a plasmid to a phage.

In general, site-directed mutagenesis in accordance herewith is performed by first obtaining a single-stranded vector or melting apart of two strands of a double stranded vector which includes within its sequence a DNA sequence which encodes the desired peptide. An oligonucleotide primer bearing the desired mutated sequence is prepared, generally synthetically. This primer is then annealed with the single-stranded vector, and subjected to DNA polymerizing enzymes such as E. coli polymerase I Klenow fragment, in order to complete the synthesis of the mutation-bearing strand. Thus, a heteroduplex is formed wherein one strand encodes the original non-mutated sequence and the second strand bears the desired mutation. This heteroduplex vector is then used to transform appropriate cells, such as E. coli cells, and clones are selected which include recombinant vectors bearing the mutated sequence arrangement.

The preparation of sequence variants of the selected peptide-encoding DNA segments using sitedirected mutagenesis is provided as a means of producing potentially useful species and is not meant to be limiting as there are other ways in which sequence variants of peptides and the DNA sequences encoding them may be obtained. For example, recombinant vectors encoding the desired peptide sequence may be -44treated with mutagenic agents, such as hydroxylamine, to obtain sequence variants. Such procedures may favorably change the protein's biochemical and biophysical characteristics or its mode of action. These include, but are not limited to: 1) improved 8-endotoxin formation, 2) improved protein stability or reduced protease degradation, 3) improved insect membrane receptor recognition and binding, 4) improved oligomerization or channel formation in the insect midgut endothelium, and 5) improved insecticidal activity or insecticidal specificity due to any or all of the reasons stated above.

4.13 Biological Functional Equivalents Modification and changes may be made in the structure of the peptides of the present invention and DNA segments which encode them and still obtain a functional molecule that encodes a protein or 0t peptide with desirable characteristics. The biologically functional equivalent peptides, polypeptides, and proteins contemplated herein should possess about 80% or greater sequence similarity, preferably about or greater sequence similarity, and most preferably about 90% or greater sequence similarity, to the sequence of, or corresponding moiety within, the fundamental cry2Ab amino acid sequence.

The following is a discussion based upon changing the amino acids of a protein to create an 1i equivalent, or even an improved, second-generation molecule. In particular embodiments of the invention, mutated crystal proteins are contemplated to be useful for increasing the insecticidal activity of the protein, and consequently increasing the insecticidal activity and/or expression of the recombinant transgene in a plant cell. The amino acid changes may be achieved by changing the codons of the DNA sequence, according to the codons given in Table 3.

Table 3 Amino Acid Codons Alanine Ala A GCA GCC GCG GCU Cysteine Cys C UGC UGU Aspartic acid Asp D GAC GAU Glutamic acid Glu E GAA GAG Phenylalanine Phe F UUC UUU Glycine Gly G GGA GGC GGG GGU Histidine His H CAC CAU [soleucine Ile I AUA AUC AUU Lysine Lys K AAA AAG Leucine Leu L UUA UUG CUA CUC CUG CUU Methionine Met M AUG Asparagine Asn N AAC

AAU

Amino Acid Codon Proline Pro P CCA CCC CCG

CCU

Glutamine Gin Q CAA

CAG

Arginine Arg R AGA AGG CGA CGC CGG

CGU

Serine Ser S AGC AGU UCA UCC UCG

UCU

Threonine Thr T ACA ACC ACG

ACU

Valine Val V GUA GUC GUG

GUU

Tryptophan Trp W

UGG

Tyrosine Tyr Y UAC

UAU

For example, certain amino acids may be substituted for other amino acids in a protein structure without appreciable loss of interactive binding capacity with structures such as, for example, antigenbinding regions of antibodies or binding sites on substrate molecules. Since it is the interactive capacity s and nature of a protein that defines that protein's biological functional activity, certain amino acid sequence substitutions can be made in a protein sequence, and, of course, its underlying DNA coding sequence, and nevertheless obtain a protein with like properties. It is thus contemplated by the inventors that various changes may be made in the peptide sequences of the disclosed compositions, or corresponding DNA sequences which encode said peptides without appreciable loss of their biological utility or activity.

In making such changes, the hydropathic index of amino acids may be considered. The importance of the hydropathic amino acid index in conferring interactive biologic function on a protein is generally understood in the art (Kyte and Doolittle, 1982, incorporate herein by reference). It is accepted that the relative hydropathic character of the amino acid contributes to the secondary structure of the resultant protein, which in turn defines the interaction of the protein with other molecules, for example, enzymes, substrates, receptors, DNA, antibodies, antigens, and the like.

Each amino acid has been assigned a hydropathic index on the basis of their hydrophobicity and charge characteristics (Kyte and Doolittle, 1982), these are: isoleucine valine leucine phenylalanine cysteine/cystine methionine alanine glycine threonine serine tryptophan tyrosine proline histidine glutamate glutamine aspartate asparagine lysine and arginine It is known in the art that certain amino acids may be substituted by other amino acids having a similar hydropathic index or score and still result in a protein with similar biological activity, i.e. still obtain a biological functionally equivalent protein. In making such changes, the substitution of amino -46acids whose hydropathic indices are within ±2 is preferred, those which are within ±1 are particularly preferred, and those within ±0.5 are even more particularly preferred.

It is also understood in the art that the substitution of like amino acids can be made effectively on the basis of hydrophilicity. U. S. Patent 4,554,101, incorporated herein by reference, states that the greatest local average hydrophilicity of a protein, as governed by the hydrophilicity of its adjacent amino acids, correlates with a biological property of the protein.

As detailed in U. S. Patent 4,554,101, the following hydrophilicity values have been assigned to amino acid residues: arginine lysine aspartate glutamate serine asparagine glutamine glycine threonine proline alanine histidine cysteine methionine valine leucine isoleucine tyrosine phenylalanine tryptophan It is understood that an amino acid can be substituted for another having a similar hydrophilicity value and still obtain a biologically equivalent, and in particular, an immunologically equivalent protein.

In such changes, the substitution of amino acids whose hydrophilicity values are within ±2 is preferred, those which are within ±1 are particularly preferred, and those within ±0.5 are even more particularly preferred.

As outlined above, amino acid substitutions are generally therefore based on the relative similarity of the amino acid side-chain substituents, for example, their hydrophobicity, hydrophilicity, charge, size, and the like. Exemplary substitutions which take various of the foregoing characteristics into consideration are well known to those of skill in the art and include: arginine and lysine; glutamate and aspartate; serine and threonine; glutamine and asparagine; and valine, leucine and isoleucine.

Polynucleotides encoding 8-endotoxins derived from B. thuringiensis are known by those skilled in the art, to be poorly expressed when incorporated into the nuclear DNA of transgenic plants (reviewed by Diehn et al., 1996). Preferably, a nucleotide sequence encoding the 5-endotoxin of interest is designed essentially as described in U. S. Patent 5,500,365 and 5,689,052 (each specifically incorporated herein by reference). Examples of nucleotide sequences useful for expression include but are not limited to, cry2Ab (SEQ ID NO:1).

Peptides, polypeptides, and proteins biologically functionally equivalent to Cry2Ab include amino acid sequences containing conservative amino acid changes in the fundamental sequence shown in SEQ ID NO:2. In such amino acid sequences, one or more amino acids in the fundamental sequence is (are) substituted with another amino acid(s), the charge and polarity of which is similar to that of the native amino acid, i.e. a conservative amino acid substitution, resulting in a silent change.

Substitutes for an amino acid within the fundamental polypeptide sequence can be selected from other members of the class to which the naturally occurring amino acid belongs. Amino acids can be divided into the following four groups: acidic amino acids; basic amino acids; neutral polar -47amino acids; and neutral non-polar amino acids. Representative amino acids within these various groups include, but are not limited to: acidic (negatively charged) amino acids such as aspartic acid and glutamic acid; basic (positively charged) amino acids such as arginine, histidine, and lysine; (3) neutral polar amino acids such as glycine, serine, threonine, cysteine, cystine, tyrosine, asparagine, and glutamine; neutral nonpolar (hydrophobic) amino acids such as alanine, leucine, isoleucine, valine, proline, phenylalanine, tryptophan, and methionine.

Conservative amino acid changes within the fundamental polypeptide sequence can be made by substituting one amino acid within one of these groups with another amino acid within the same group.

Biologically functional equivalents of cry2Ab can have 10 or fewer conservative amino acid changes, more preferably seven or fewer conservative amino acid changes, and most preferably five or fewer conservative amino acid changes. The encoding nucleotide sequence (gene, plasmid DNA, cDNA, or synthetic DNA) will thus have corresponding base substitutions, permitting it to encode biologically functional equivalent forms ofcry2Ab.

Examples The following examples are included to demonstrate preferred embodiments of the invention. It should be appreciated by those of skill in the art that the techniques disclosed in the examples which follow represent techniques discovered by the inventor to function well in the practice of the invention, and thus can be considered to constitute preferred modes for its practice. However, those of skill in the art should, in light of the present disclosure, appreciate that many changes can be made in the specific embodiments which are disclosed and still obtain a like or similar result without departing from the spirit and scope of the invention.

5.1 Example 1 Increased Expression of Cry2Ab by Targeted Vectors Expression of the Cry2Ab protein in corn plants transformed with targeted and non-targeted Cry2Ab expression vectors was compared and was significantly higher in plants with the targeted vector.

Untargeted Cry2Ab plant expression vectors pMON26800 and pMON30463 contain an expression cassette composed of an enhanced CaMV35S promoter, a maize hsp70 intron, a synthetic cry2Ab gene with translational initiation and termination codons (SEQ ID NO:I), and a nopaline synthase polyadenylation site.

The targeted plant expression vector pMON30464 (SEQ ID NO:16) contains an expression cassette including enhanced CaMV35S promoter, a maize hsp70 intron, a maize ssRUBISCO chloroplast transit peptide (SEQ ID NO:3) fused in frame to a synthetic cry2Ab gene, and a nopaline synthase polyadenylation site.

All vectors (pMON26800, pMON30463, and pMON30464) also contain a cassette conferring paromomycin resistance to transformed plant tissue. In the case of pMON26800, this cassette consists of an enhanced CaMV35S promoter a maize hsp70 intron, a neomycin phosphotransferase gene with a translational initiation and termination codons, and a nopaline synthase polyadenylation site. In the case -48of pMON30463 and pMON30464, this cassette consists of a CaMV35S promoter, a neomycin phosphotransferase gene with a translational initiation and termination codons, and a nopaline synthase polyadenylation site. Transgenic corn plants resistant to paromomycin were derived essentially as described in U. S. Patent 5,424,412 (specifically incorporated herein by reference).

Leaf tissue from independently transformed transgenic events in the Ro stage was subjected to quantitative analysis of Cry2Ab protein levels by a quantitative ELISA assay. This ELISA used a direct sandwich technique that used a monoclonal capture antibody raised against Cry2Aa, a different Cry2Aa monoclonal antibody conjugated to alkaline phosphatase as the secondary antibody, and purified Cry2Aa protein as a standard.

Comparison of Cry2Ab expression levels in pMON30463 (non-targeted) and pMON30464 (targeted) corn plants show that non-targeted Cry2Ab expression does not exceed 15 ppm while targeted expression is frequently higher than 100 ppm (Table'4). Protein blot analyses confirm that the increased level of cross reactive material produced by pMON30464 (targeted) were due to increased accumulation of an approximately Mr 71,000 protein that co-migrates with Cry2Ab produced by pMON30463 (nontargeted) and Cry2Aa standard from B. thuringiensis. This data indicates that the targeting peptide fused to the N-terminus of Cry2Ab protein was efficiently processed or removed.

Increased expression of Cry2Ab in pMON30464 (targeted) vectors relative to pMON26800 (nontargeted) vectors was also observed in R, progeny plants derived from the original Ro transgenic events, indicating that high expression is heritable (Table Table 4 Expression of Cry2Ab in Ro Corn Transformed with Targeted (pMON30464) and Untargeted (pMON30463) Expression Vectors: Distribution of Expression Levels in Different Events Vector Total Total 0 0-5 5-15 15-50 50- 100- >200 Events ECB+ ppm ppm ppm ppm 100 200 ppm ppm ppm non- 16 3 0 0 3 0 0 0 0 targeted (19%) (30463) targeted 40 14 0 2 2 0 0 4 (30464) -49- Table Expression of Cry2Ab In R Corn Transformed with Targeted (pMON30464) and Untargeted (pMON26800) Expression Vectors: Distribution of Expression Levels in Different Events Vector Total 0 0-5 5-15 5-50 50-100 100-200 >200 events ppm ppm ppm ppm ppm ppm ppm assayed non- 28 0 18 10 0 0 0 targeted (26800) targeted 33 5 3 2 0 2 4 17 (30464) To effectively control insects that feed on a variety of corn tissues, it is critical that the insecticidal protein be expressed at high levels throughout all potential feeding sites. To determine if the increases in targeted expression of Cry2Ab occur in other tissues, independent targeted and non-targeted transgenic events representing the high expressing lines obtained with the respective vector types were assayed for Cry2Ab expression levels in parallel. Expression of Cry2Ab is increased in virtually all of the to corn tissues attacked by pests such as Ostrina nubialis and Helicoverpa zea by targeted expression (Table Uniform high level expression of this type is especially valuable in that it is less likely to permit evolved resistance of target pests via behavioral (feeding) adaptation.

Table 6 Targeted and Untargeted Cry2Ab Expression in Transgenic Maize Vector Event N Root Leaf sheath stalk shank husk silk cob kernel #1 1 13.1 117.6 140.8 514.9 397.5 121.8 130.5 165.2 106.9 30464 #2 4 11.3 4.5 105 12 121 25 96 18 134 +38 52+ 9.1 101 11 113+45 170 +36 #1 2 1.2 0.4 10 5.3 20+ 12 28 5.6 29 +7.5 7.6 7.6 46 +9.9 9.6 9.6 10.9 4.6 26800 Expression in ±g Cry2Ab gm fresh weight (root and leaf) or dry weight tissue (sheath, stalk, shank, husk, silk, cob, kernel) shown standard deviation (L30464 #2) or range (L26800#1).

Further analyses indicate that the increased levels of Cry2Ab protein produced by pMON30464 result in a commensurate increase in the level of bioactivity as measured directly in feeding assays. To assess the level of insecticidal activity produced, corn leaf tissue from control (non-transgenic), targeted (pmon30464), and non-targeted (pMON30464) plants was assayed for activity against Heliothis virescens in tissue diet overlay studies (Table Two concentrations of tissue (0.0016 and 0.0031 were bioassayed and the same sample of tissue used in the diet overlay was also subjected to quantitative ELISA determinations of Cry2Ab levels. The 7.5-fold increase in Cry2Ab levels in targeted (pMON30464) samples relative to the non-targeted (pMON30463) samples clearly correlates with the corresponding 6-fold difference in mean larval weight observed at both concentration rates. These data thus indicate that the increased levels of Cry2Ab produced by pMON30464 result in commensurate increases in the level of bioactivity.

Table 7 0o Correlation of Increased Cry2Ab Expression Levels with Increased Bioactivity in Heliothis virescens Tissue Diet Overlay Bioassay Tissue Cone. I Tissue Cone. 2 (0.0031% Tissue) (0.0016% Tissue) Tissue Sample Cry2Ab Cone. Mean Larval Wt. (mg) Mean Larval Wt.

(ppm) (mg) Control 0.0 22.00 24.6 Targeted 444 1.2 2.1 Untargeted 60 7.3 12.7 5.2 Example 2 Plastid Targeting of Cry2Ab Increases Frequency of Agronomically-Normal Plants Recovered from Transformation To obtain a commercially viable transgene-based insect control trait, it is crucial that an event with normal plant growth characteristics be obtained. In most instances a fairly large number of independent transgenic events are advanced into field tests to insure that an event that meets all of the key criteria (effective insect control, normal Mendelian behavior of the transgene, and normal growth characteristics or agronomics) will be identified. Methods that increase the frequency with which normal events are obtained are clearly valuable as they increase the odds of identifying an event that can be commercialized. It is also useful to enlarge the pool size of prospective events for screening by increasing the percentage of Ro events (primary regenerated plants) with fertility. As plant transformation is labor intensive, any method that decreases the number of R 0 events that must be produced in order to obtain a transgenic event with appropriate performance and growth characteristics is also valuable.

Large populations of independent transgene Ro insertion events of the non-targeted pMON26800 and pMON30463 vectors, and the targeted pMON30464 vector, were generated and scored for fertility. It was observed that a higher percentage of the Ro events generated with the targeted vector were fertile (Table Progeny of fertile Ro events were subsequently introduced into field tests where they were scored for European corn borer resistance (ECB 1) and normal segregation.

-51 Methods for determination of ECBI ratings and segregation values were essentially as described (Armstrong et al., 1995). Events that passed the ECBI and segregation criteria Were subsequently scored for stunting or height reductions. While 60% of the non-targeted events displayed height reductions, only 3% of the targeted events were stunted (Table Improved fertility and reduced stunting resulted in significantly improved (37% vs. recovery of unstunted ECBI positive events with the targeted Cry2Ab vector. In summary, 4-fold more non-targeted Ro events must be produced and screened to obtain the same number of normal, ECB+ Ro events obtained with the targeted Cry2Ab vector in a transformation study.

Table 8 Comparisons of Percentage of Fertile, Stunted, and Normal Maize Plants Obtained with Untargeted and Targeted Cry2Ab Expression Vectors Vector ECB LD Ro Fertile Stunted" Normal, ECBI Events' Eventsb Untargeted 192 66 63 7 Targeted 78 85 4 31 a#ECB LD Ro events are the of Ro events that were positive by an ECB leaf disk feeding assay.

b% of the ECB LD+ Ro events yielding viable RI progeny (seed).

Stunted is the of the ECB 1 positive and properly segregating events with reduced stature.

(Total ECB positive and properly segregating for non-targeted was 38; for targeted was d 4 normal, ECB 1 is the normal, ECB+ events obtained relative to the total number of ECB LD+ Ro events screened.

5.3 Example 3 Plastid Targeting of Cry2Ab Increases Frequency of High Level European Corn Borer Control in Transgenic Corn The previously described populations of independently transformed events derived from both targeted (pMON30464) and non-targeted (pMON30463 or pMON26800) Cry2Ab expression vectors were also screened for resistance to second generation European corn borer infestations (ECB2). To facilitate these studies, the commercially efficacious transgenic corn event MON810 (YieldgardlM) transformed with the CrylAb gene was included as a positive control. Efficacy against ECB2 was tested in field tests essentially as described (Armstrong et al., 1995). In the 1996 field test, 18 independent nontargeted pMON26800 events were compared to MON810 (CrylAb). Of these 18 events, only one delivered ECB2 protection that was both statistically indistinguishable from MON810 and significantly less than the non-transgenic negative control (event UTI in Table In the 1997 field test, 18 independent targeted events (pMON30464) were tested in parallel with 3 non- targeted events (1 pMON30463 event and the two pMON26800 events derived from the 1996 tests) and MON810 (Table Nine of the eighteen targeted pMON30464 events delivered ECB2 protection that was statistically indistinguishable from ECB2 protection conferred by the commercially efficacious CrylAb-expressing 52 MON810 (YieldgardrM) event and all had significantly less ECB2 damage than the -ransgenic negative control (Table These data sets indicate that the absolute number and frequency of commercially efficacious Cry2Ab lines obtained from the targeted pMON30464 vector is much greater than that obtained from the s non-targeted pMON26800 vector. While 9 of 18 targeted Cry2Ab events delivered ECB2 control that was both statistically indistinguishable from the MON810 CrylAb commercial standard and significantly less than the non-transgenic negative control, only I of 18 non-targeted Cry2Ab events displayed ECB2 control that was both statistically indistinguishable from the MON810 crylAb commercial standard and significantly less than the non-transgenic negative control. The superiority of Jo the targeted Cry2Ab expression vector is especially evident if one considers that 9 commercially efficacious Cry2Ab events were obtained from a total of 78 ECB leaf disk positive

R

o plants for an 11.5% frequency of recovery while only 3 commercially efficacious Cry2Ab events were obtained from a total of 192 ECB leaf disk feeding positive Ros for a 1.6% recovery frequency (Ro ECB data from Table 6).

Table 9 Comparison of ECB2 Protection in Untargeted (UT) Cry2Ab Transgenic Corn Relative to MON810 CrylAb Yieldgard M Transgenic Corn in Field Tests Event Sample Size Stalk Tunneling (inches) MON810 ctrl.) 20 0.3- UTI 10 0.7." UT2 10 1.9 a UT3 10 UT4 10 8 2.6 b UT6 10 2.9 b UT7 10 3 .1b UT8 10 3 .4' UT9 10 3.4 b UTIO 10 3 .5 b UTII 4 3.6 b Wild type 10 3.7 h UTI2 10 3.8b UT13 10 4.6b UTI4 10 5.8" 10 6.8c UTI6 10 7.6c UTI7 10 9.3r UT18 10 10.1c 53 a, b Values marked with the same superscript are statistically indistinguishable from MONO in planned comparisons at P= 0.05. Values with superscripts are statistically distinct. Evens win stalk tunneling values significantly greater than the CryIAb commercial standard MON810 are shown in boldface. Genetic background of all events is identical (B373 x H99).

Values marked with an asterisk are significantly lower than the wild-type non-transgenhc negative control in planned comparisons with the negative control Values marked with superscript are significantly greater than the wild-type non-transgenic negative control in planned comparisons with the negative control UT I -UTI 8: Untargeted pm0N26800 events I 18.

Table Comparison of ECB2 Protection in Targeted and Untargeted (UT) Cry2Ab Trans'genic C'orn Relative to MON8IO CrylAb, Yleldgard Tm Traei oni il et Event Sample Size Stalk Tunneling (inches) TI 9 0.6a T2 10 0.6'a MON 8 10(+ ctrl.) 30 0.9a T3 14 i8 T4 12 1.3' 7 1.4" UT] 10 1.63 T6 13 1.6' T7 11 1.6'a T8 10 1.7' UT2 .10 1.8" T9 10 2.4' 12 2 5 TII 7 2 6 T12 92 b T13 10 32 T14 11 3 3 b 10 3 5 b T16 104 b T17 10 43 UT3 84.g T18 8 54 wild type ctrl.) 20 13.7c -54a. b, c Values marked with the superscript are statistically indistinguishable from MON8 10 in planned comparisons at P= 0.05. Values with superscripts are statistically distinct. Events with stalk tunneling values significantly greater than the CrylAb commercial standard MON810 are shown in boldface; all transgenic events display significantly less tunneling than the wild type non-transgenic negative control in planned comparisons to the negative control Genetic background of all events is identical (B73 x H99).

T1-T18: Targeted pMON30464 events #1-18. UTI-UT3: Untargeted pMON30463 and pMON26800 events UTI in the 1997 field test is the same pMON26800 event as UT3 in the 1996 field test.

5.4 Example 4 Plastid Targeting of the Cry2Ab Protein Results in Increased Expression in Transgenic Cotton Callus Tissue Levels of the Cry2Ab protein in cotton callus tissue transformed with plastid-targeted and nontargeted Cry2Ab expression vectors were compared. Cry2Ab levels were significantly higher in callus that had been transformed with the plastid-targeted genes (Table 11).

Plant expression vector pMON33830 contained a Cry2Ab expression cassette consisting of the following genetic elements operably linked to produce functional Cry2Ab protein in plant cells: an enhanced CaMV 35S promoter, a petunia hsp70 5' untranslated leader, a synthetic cry2Ab gene with a translation initiation codon (SEQ ID NO:1), and transcription termination and polyadenylation sequences from the nopaline synthase (NOS) gene ofA. tumefaciens.

Plant expression vectors pMON33827 (SEQ ID NO:13), pMON33828 (SEQ ID NO:14) and pMON33829 (SEQ ID NO:15) contained Cry2Ab expression cassettes similar to that occurring in pMON33830 except that in each a different chloroplast targeting sequence was translationally fused to the N-terminus of the synthetic cry2Ab gene. pMON33827 contained the coding sequence for PTPI (SEQ Is ID NO:5) which consists of an Arabidopsis thaliana ssRUBISCO (SSU) chloroplast targeting sequence and sequences coding for the first 24 amino acids of ssRUBISCO (SSU) protein (Wong et al., 1992).

SEQID NO:6 represents the PTPI targeting peptide sequence. This peptide contains the complete native targeting sequence including the plastid targeting peptide cleavage site along with the first twenty-four amino acids of the mature RUBISCO SSU protein sequentially linked to a duplicated sequence of amino acids (SEQID NO:6 amino acids position No. 50-57) containing the RUBISCO SSU plastid targeting peptide cleavage site (SEQID NO:6 amino acids position No. 80-87). PTPl therefor contains a duplicated plastid targeting peptide cleavage site. The polynucleotide cassette containing this PTP coding sequence is linked at its 3' end to an Ncol restriction site which allows for insertions of coding sequences which are translationally in-frame with the PTP coding sequence, for example, those which encode Cry2Ab, Cry2Aa, variants of these, and other useful polypeptide encoding sequences.

pMON33828 contained the coding sequence for PTPIA (SEQ ID NO:7), a modification of PTPJ in which the 24 amino acids of SSU between the two transit peptide cleavage ites was removed by cleavage with the restriction enzyme Sphl, which cuts once within each copy of the transit peptide cleavage site, and re-ligation, resulting in the presence of only the transit peptide portion of PTPI followed by a single copy of the transit peptide cleavage site and an Ncol site. The peptide sequence for PTPIA is designated SEQ ID NO:8.

pMON33829 contained the coding sequence for PTP2 (SEQ ID NO:9), the transit peptide sequence from the EPSP synthase gene of Arabidopsis thaliana. The peptide sequence for PTP2 is designated SEQ ID NO: All of the above plant transformation expression vectors also contained a selectable marker gene cassette which confers kanamycin resistance to transformed plant cells.

Cotton callus tissue from 12 randomly chosen, independent transgenic events from transformations with each of pMON33827, pMON33828, pMON33829 and pMON33830 was subjected to quantitative analysis of Cry2Ab protein levels using a quantitative ELISA assay. This ELISA used a direct sandwich technique that used a monoclonal capture antibody raised against Cry2Aa. a different Cry2Aa monoclonal antibody conjugated to alkaline phosphatase as the secondary antibody, and purified Cry2Aa protein as a standard. Comparison of Cry2Ab expression levels in targeted and non-targeted callus tissue showed a significant increase in expression when a chloroplast targeting sequence was included (Table 11). PTPIA provided a significantly greater mean expression level when compared to non-targeted Cry2Ab as determined by applying a t test (t 2.31, p 0.03). PTP2 provided a significantly greater probability of obtaining callus lines expressing higher levels of Cry2Ab as determined by applying a G test (G 2

/X

2 5 6 p 0.02).

Table 11 Cry2Ab Levels in Independent Transformed Cotton Callus Lines Comparing Chloroplast-Targeted and Untargeted cry2Ab genes Cotton Callus Lines Cry2Ab ng/mL of Callus Extract Non-transformed callus Line 1 0 Line 2 0 Line 3 0 Line 4 0 pMON33827, PTPl-cry2Ab gene Line 1 464 Line 2 61 56 Cotton Callus Lines C-ry2ZAb ng/mL of Callus E -xtract Lie3 0 Line 4 Line 5 0 Line 6 368 Line 7 74 Line 8 101 Line 9 Line 10 652 Line I 1 0 Line 12 0 pMON3 3 82 8, PTP I A-cry2A b Gene Line 1 252 Line 2 235 Line 3 0 Line 4 416 Line 5 0 Line 6 0 Line 7 0 Line 8 101 Line 9 393 Line 10 587 Line 11 788 Line 12 277 pMON33829, PTP2-cry2Ab Gene Line 1 Line 2 0 Line 3 2220 Line 4 2036 Line 5 0 Line 6 38 Line 7 674 Line 8 2440 Line 9 Line 10 91 -57- Cotton Callus Lines CryAb Cotton allus Lines Cry2Ab ng/mL of Callus Extract Line 11 290 Line 12 71 pMON33830, cry2Ab Gene Line 1 19 Line 2 166 Line 3 47 Line 4 Line 5 33 Line 6 47 Line 7 781 Line 8 Line 9 31 Line 10 0 Line 11 0 Line 12 136 Example 5 Targeting the Cry2Aa Protein to Plastids Results in Decreased Expression in Transgenic Cotton Callus Tissue In contrast to Example 4 above, and exemplifying that the increase in expression obtained using plastid targeting sequences is specific to particular cry genes, the inventors discovered that the same plastid targeting sequences described above, PTPI, PTP1A and PTP2, resulted in significantly lower levels of expression of the closely related cry2Aa gene in transgenic cotton callus (Table 12). Plant expression vector pMON33803 contained a cry2Aa expression cassette consisting of the following genetic elements operably linked to produce functional Cry2Aa protein in plant cells: a 0o promoter, a petunia heat shock HSP70 5' untranslated leader, a synthetic c/y2Aa gene (SEQ ID NO: 11) with a translation initiation codon and NcoI restriction enzyme site at the 5'-end, and transcription termination and polyadenylation sequences from the E9 SSU gene from pea. The peptide sequence for the Cry2Aa protein is designated SEQ ID NO:12. pMON33812, pMON3381 1, and pMON33806 contained cry2Aa expression cassettes similar to that occurring in pMON33803 except that in each case a different chloroplast targeting sequence (PTPI, PTPIA, and PTP2, respectively) was transitionally fused to the N-terminus of the synthetic cry2Aa gene. All of these vectors also contained a selectable marker gene cassette conferring glyphosate resistance to transformed plant cells.

Cotton callus tissue from 10 randomly chosen independent transgenic events from transformations with each of pMON33803, pMON33812, pMON33811 and pMON33806 was subjected -58to quantitative analysis of Cry2Aa protein levels using the quantitative Cry2 ELISA assay. Comparison of Cry2Aa expression levels in targeted and non-targeted callus tissue showed a significant decrease in expression when chloroplast targeting sequences were included (Table 12). The non-targeted cry2Aa gene conferred expression levels that differed significantly from those achieved using any of the three plastid targeted cry2Aa genes, as determined by using a Tukey-Kramer HSD test (a 0.05).

Table 12 Cry2Aa Levels In Independent Transformed Cotton Callus Lines Comparing Chloroplast-Targeted And Untargeted Cry2Aa Genes Cotton Callus Lines Cry2Aa ng/mL of Extract Non-transformed callus Line 1 0 Line 2 0 Line 3 0 Line 4 0 pMON33812, PTP1-Cry2Aa Gene Line 1 29 Line 2 32 Line 3 22 Line 4 41 Line 5 24 Line 6 47 Line 7 43 Line 8 49 Line 9 0 Line 10 23 pMON33811. PTP1A -Cry2Aa Gene Line 1 0 Line 2 59 Line 3 48 Line 4 72 Line 5 29 Line 6 37 Line 7 44 Line 8 32 Line 9 -59- Cotton Callus Lines yAa ng/L of Extract Lry2an /n L of Extract Line 10 0 pMON33806, PTP2-Cry2Aa Gene Line 1 27 Line 2 0 Line 3 Line 4 84 Line 5 205 Line 6 0 Line 7 13 Line 8 6 Line 9 0 Line 10 8 pMON33803, Cry2Aa Gene Line 1 63 Line 2 2278 Line 3 181 Line 4 3131 Line 5 3752 Line 6 851 Line 7 303 Line 8 1365 Line 9 1601 Line 10 1648 5.6 Example 6 Targeting the Cry2Aa Protein to Plastids Results in Decreased Expression and Increased Phytotoxicity in Transgenic Tobacco Plants Transformed tobacco plants were generated using pMON33803, the non-targeted cry2Aa plant expression vector and pMON33806, the chloroplast-targeted PTP2-cry2Aa plant expression vector. Leaf tissue samples of equivalent weight from 48 pMON33803 plants and 41 pMON33806 plants were extracted in equal volumes of extraction buffer and the relative levels of cry2Aa were determined using a qualitative ELISA (Table 13). This ELISA used a direct sandwich technique that used polyclonal capture antibody raised against Cry2Aa, the same polyclonal antibody conjugated to alkaline phosphatase as the secondary antibody, and purified Cry2Aa protein as a standard.

The proportion of the total number of plants recovered from transformation that expressed nontargeted Cry2Aa at high levels was greater than the proportion of plants recovered that expressed targeted Cry2Aa at high levels. Conversely, the proportion of the total number of plants recovered from transformation that failed to express detectable targeted Cry2Aa was greater than the proportion of plants recovered that failed to express non-targeted Cry2Aa. All of the PTP2-Cry2Aa plants that had detectable levels of Cry2Aa expression exhibited a severely abnormal phenotype; these plants were extremely stunted, had shortened internodes, had deformed, wrinkled leaves, and were infertile. All of the PTP2- Cry2Aa plants that lacked Cry2Aa expression appeared normal. In contrast, only some of the high expressing non-targeted Cry2Aa plants displayed a stunted phenotype.

Table 13 Cry2Aa Levels in Independent Transformed Tobacco Plants Comparing Chloroplast-Targeted and Untargeted cry2Aa Genes Transgenic Plants ELISA O.D. Transgenic Plants ELISA O.D.

pMON33803cry2Aa pMON33 806 gene PTP2-cry2Aa gene Plant 1 2.5 Plant 1 0 Plant 2 1.1 Plant 2 0 Plant 3 2.7 Plant 3 0 Plant 4 0.1 Plant 4 0 Plant 5 0.1 Plant 5 0 Plant 6 2.3 Plant 6 0.9 Plant 7 1.9 Plant 7 0.4 Plant 8 2.4 Plant 8 0.4 Plant 9 0 Plant 9 0 Plant 10 2.1 Plant 10 0.6 Plant 11 0.1 Plant 11 0 Plant 12 0.5 Plant 12 Plant 13 2.4 Plant 13 0.4 Plant 14 0.1 Plant 14 0.7 Plant 15 2.2 Plant 15 Plant 16 0.2 Plant 16 0.6 Plant 17 2.6 Plant 17 0 Plant 18 2.5 Plant 18 0 Plant 19 2.5 Plant 19 0 Plant 20 1.4 Plant 20 0 Plant21 2.4 Plant 21 0 Plant 22 2.1 Plant 22 0 -61 Plant 24 2.1 Plant 24 0 Plant 25 0.3 Plant 25 0 Plant 26 0 Plant 26 0.6 Plant 27 0.3 Plant 27 0 Plant 28 2.2 Plant 28 0.7 Plant 29 0 Plant 29 Plant 30 1.5 Plant 30 0 Plant 31 0.1 Plant 31 0 Plant 32 0.1 Plant 32 0 Plant 33 0.7 Plant 33 0 Plant 34 0 Plant 34 0 Plant 35 0 Plant 35 0 Plant 36 0 Plant 36 0 Plant37 0.2 Plant 37 0 Plant 38 2.1 Plant 38 0 Plant 39 0 Plant 39 0 Plant 40. 1.9 Plant 40 0 Plant 4 1 1.5 Plant 41 0 Plant 42 2.8 Plant 43 0.6 Plant 44 2.1 Plant 45 0.9 Plant 46 0 Plant 47 0 Plant 48 0 5.7 Example 7 Transformation of Tobacco Chloroplast with a Cry2Ab gene Recombinant plants can be produced in which only the mitochondrial or chloroplast DNA has been altered to incorporate the molecules envisioned in this application. Promoters which function in chloroplasts have been known in the art (Hanley-Bowden et al., Trends in Biochemical Sciences 12:67- 1987). Methods and compositions for obtaining cells containing chloroplasts into which heterologous DNA has been inserted have been described, for example by Daniell et al. Pat. No. 5,693,507; 1997) and Maliga et al. Pat. No. 5,451,513; 1995). A vector can be constructed which contains an expression cassette from which a Cry2A protein could be produced. A cassette could contain a 62 chloroplast operable promoter sequence driving expression of a cry2A crystal protein gene, constructed in much the same manner as other polynucleotides herein, using thermal amplification methodologies restriction endonuclease digestion, and ligation etc. A chloroplast expressible gene would provide a promoter and a 5' untranslated region from a heterologous gene or chloroplast gene such as psbA, which would provide for transcription and translation of a DNA sequence encoding a Cry2A protein in the chloroplast; a DNA sequence encoding Cry2A protein; and a transcriptional and translational termination region such as a 3' inverted repeat region of a chloroplast gene that could stabilize an expressed cry2A mRNA. Expression from within the chloroplast would enhance cry2A gene product accumulation.

A

host cell containing chloroplasts or plastids can be transformed with the expression cassette and then the resulting cell containing the transformed chloroplasts can be grown to express the Cry2A protein.

A

cassette may also include an antibiotic, herbicide tolerance, or other selectable marker gene in addition to the cry2A gene. The expression cassette may be flanked by DNA sequences obtained from a chloroplast DNA which would facilitate stable integration of the expression cassette into the chloroplast genome, particularly by homologous recombination. Alternatively, the expression cassette may not integrate, but by including an origin of replication obtained from a chloroplast DNA, would be capable of providing for replication of the heterologous cry2A gene in the chloroplast. Plants can be generated from cells containing transformed chloroplasts and can then be grown to produce seeds, from which additional plants can be generated. Such transformation methods are advantageous over nuclear genome transformation, in particular where chloroplast transformation is effected by integration into the chloroplast genome, because chloroplast genes in general are maternally inherited. This provides environmentally "safer" transgenic plants, virtually eliminating the possibility of escapes into the environment. Furthermore, chloroplasts can be transformed multiple times to produce functional chloroplast genomes which express multiple desired recombinant proteins, whereas nuclear genomic transformation has been shown to be rather limited when multiple genes are desired. Segregational events are thus avoided using chloroplast or plastid transformation. Unlike plant nuclear genome expression, expression in chloroplasts or plastids can be initiated from only one promoter and continue through a polycistronic region to produce multiple peptides from a single mRNA.

The expression cassette would be produced in much the same way that other plant transformation vectors are constructed. Plant chloroplast operable DNA sequences can be inserted into a bacterial plasmid and linked to DNA sequences expressing desired gene products, such as Cry2A proteins, so that Cry2A protein is produced within the chloroplast, obviating the requirement for nuclear gene regulation.

capping, splicing, or polyadenylation of nuclear regulated genes, or chloroplast or plastid targeting sequences. An expression cassette comprising a cry2A gene, which is either synthetically constructed or a native gene derived directly from a B. thuringiensis genome or a B. thuringiensis episomal element, would be inserted into a restriction site in a vector constructed for the purpose of chloroplast or plastid transformation. The cassette would be flanked upstream by a chloroplast or plastid functional promoter -63and downstream by a chloroplast or plastid functional transcription and translation termination sequence The resulting cassette could be incorporated into the chloroplast or plastid genome using well known homologous recombination methods.

Alternatively, chloroplast or plastid transformation could be obtained by using an autonomously s replicating plasmid or other vector capable of propagation within the chloroplast or plastid. One means of effectuating this method would be to utilize a portion of the chloroplast or plastid genome required for chloroplast or plastid replication initiation as a means for maintaining the plasmid or vector in the transformed chloroplast or plastid. A sequence enabling stable replication of a chloroplast or plastid epigenetic element could easily be identified from random cloning of a chloroplast or plastid genome into a standard bacterial vector which also contains a chloroplast or plastid selectable marker gene, followed by transformation of chloroplasts or plastids and selection for transformed cells on an appropriate selection medium. Introduction of an expression cassette as described herein into a chloroplast or plastid replicable epigenetic element would provide an effective means for localizing a Cry2A B. thuringiensis 6endotoxin to the chloroplast or plastid.

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-66- All of the compositions and methods disclosed and claimed herein can be made and executed without undue experimentation in light of the present disclosure. While the compositions and methods of this invention have been described in terms of preferred embodiments, it will be apparent to those of skill in the art that variations may be applied to the compositions and methods and in the steps or in the s sequence of steps of the method described herein without departing from the concept, spirit and scope of the invention. More specifically, it will be apparent that certain agents which are both chemically and physiologically related may be substituted for the agents described herein while the same or similar results would be achieved. All such similar substitutes and modifications apparent to those skilled in the art are deemed to be within the spirit, scope and concept of the invention as defined by the appended claims.

With reference to the use of the word(s) "comprise" or "comprises" or "comprising" in the foregoing description and/or in the following claims, unless the context requires otherwise, those words are used on the basis and clear understanding that they are to be interpreted inclusively, rather than exclusively, and that each of those words is to be so interpreted in construing the foregoing description and/or the following claims.

Claims (4)

1. A plant or plant tissue transformed to contain a nucleotide sequence encoding a 00 O Cry2Ab insecticidal protein, wherein said nucleotide sequence comprises the sequence as set forth at SEQ ID NO: from nucleotide position 2 through nucleotide position 1934, the sequence as set forth at SEQ ID NO:13 from nucleotide position 17 through N nucleotide position 3182, the sequence as set forth at SEQ ID NO:14 from nucleotide N position 17 through nucleotide position 3092, the sequence as set forth at SEQ ID SNO: 15 from nucleotide position 17 through nucleotide position 3155, or the sequence as Sset forth at SEQ ID NO:16 from nucleotide position 1781 through nucleotide position

5869.

2. A Seed or progeny of the plant of claim 1, wherein said seed or progeny comprises said nucleotide sequence.

3. The plant or plant tissue of claim 1, wherein said plant is a monocotyledonous plant selected from the group consisting of maize, rice, wheat, barley, oats, rye, millet, sorghum, sugarcane, and turfgrass.

4. The plant or plant tissue of claim 3, wherein said monocotyledonous plant is a maize plant. The plant or plant tissue of claim 1, wherein said plant is a dicotyledonous plant selected from the group consisting of cotton, soybean, tomato, potato, citrus, tobacco, canola, and strawberry. 6. The plant or plant tissue of claim 5, wherein said dicotyledonous plant is a cotton plant or a soybean plant. DATED this 8 day of March 2006 MONSANTO TECHNOLOGY LLC, By its Patent Attorneys, E. F. WELLINGTON CO., /by: 9 k BW6331a