AU712253B2 - Raspberry promoters for expression of transgenes in plants - Google Patents

Description

WO 97/27307 PCT/US97/01275 RASPBERRY PROMOTERS FOR EXPRESSION OF TRANSGENES IN PLANTS Field of the Invention The present invention relates to the identification of promoters from raspberry which are capable of providing constitutive expression of heterologous plant genes, and to chimeric genes, cassette vectors, kits, transgenic plants, and methods employing such promoters.

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Background of the Invention Promoters that regulate gene expression in plants are essential elements of plant genetic engineering. Several examples of promoters useful for the expression of selected genes in plants are now available (Zhu, et al., 1995; Ni, et al., 1995).

To be expressed in a cell, a gene must be operably linked to a promoter which is recognized by certain enzymes in the cell. The 5' non-coding regions of a gene regions immediately 5' to the coding region), referred to as promoters or transcriptional regulatory regions, initiate transcription of the gene to produce a mRNA transcript. The mRNA is then translated at the ribosomes of the cell to yield an encoded polypeptide.

Promoters typically contain from about 500-1500 bases, and can provide regulated expression of genes under their control. A promoter used for expressing a heterologous gene in plant cells may be characterized as a constitutive promoter, that is, a promoter capable of causing similar levels of gene expression in all or many plant tissues, or, (ii) a tissue selective promoter, that is, one which is capable of regulating gene expression to select tissues in a plant transformant leaves or fruit).

WO 97/27307 PCT/US97/01275 4 Many such promoters have been characterized, including those derived from plant viruses, Agrobacterium genes, and a variety of plant genes. Considerable effort has gone into the isolation and characterization of constitutive promoters to drive the expression of a variety of heterologous genes in plant systems.

Viral promoters promoters from viral genes) for expressing selected genes in plants, have been identified in the caulimovirus family of viruses (a group of double-stranded DNA viruses), and include the Cauliflower Mosaic Virus (CaMV) 35S (Balazs, et al, 1982; Guilley, etal., 1982; Odell, et al., 1985; Odell, et al., 1987; Odell, et al., 1988; Tommerup, etal., 1990; Jefferson, et al., 1987a; Jefferson, 1987b) and CAMV 19S promoters (Fraley, et al., 1994), and the Figwort Mosaic Virus (FMV) (Rogers, 1995) promoter. Promoters useful for regulating gene expression in plants and obtained from bacterial sources, such as Agrobacterium-derived promoters, have been identified and isolated. Such promoters include those derived from Agrobacterium T-DNA opine synthase genes, and include the nopaline synthase (nos) promoter (Rogers, 1991), the octopine synthase (ocs) promoter (Leisner and Gelvin, 1988) and mannopine synthase (mas) promoter.

Plant promoters (promoters derived from plant sources) effective to provide constitutive expression, are less well known, and include hsp80, Heat Shock Protein 80 from cauliflower, (Brunke and Wilson, 1993), and the tomato ubiquitin promoter (Picton, et al., 1993). These promoters can be used to direct the constitutive expression ofheterologous nucleic acid sequences in transformed plant tissues. At present, a relatively small number of plant promoters, particularly constitutive plant promoters, has been identified. The use of such promoters in plant genetic engineering has been rather limited to date, since gene expression in plants is, for the most part, typically tissue, developmentally, or environmentally-regulated.

Summary of the Invention The present invention is directed to raspberry promoters which separately and in combination provide moderate-level, constitutive expression of nucleic acid sequences placed under their control. The promoters of the invention can also confer constitutive expression on heterologous, non-constitutive promoters.

The present invention is directed to a promoter which, in a native raspberry genome, is operably linked to the coding region of a drul gene. Chimeric genes of the present invention contain a DNA sequence encoding a product of interest under the transcriptional control of a raspberry drul promoter. The DNA sequence is typically heterologous to the promoter and is operably linked to the promoter to enable constitutive expression of the product.

ff WO 97/27307 PCT/US97/01275 In one embodiment, the product is a polypeptide that permits selection of transformed plant cells containing the chimeric gene by rendering such cells resistant to an amount of an antibiotic that would be toxic to non-transformed cells. Exemplary products include, but are not limited to, aminoglycoside phosphotransferases, such as neomycin phosphotransferase and hygromycin phosphotransferase. In one such embodiment, a chimeric gene of the invention contains an hpt gene sequence encoding hygromycin phosphotransferase II under the transcriptional control of a drul promoter. In an alternate embodiment, a chimeric gene of the invention contains an nptll gene sequence encoding neomycin phosphotransferase under the transcriptional control of a drul promoter.

In another embodiment, the product is a polypeptide that confers herbicide-resistance to transformed plant cells expressing the polypeptide. In one such embodiment, a chimeric gene of the present invention contains a bxn gene encoding a bromoxynil-specific nitrilase under the transcriptional control of a drul promoter. Transformed plants containing this chimeric gene express a bromoxynil-specific nitrilase and are resistant to the application of bromoxynil-containing herbicides. Other exemplary DNA sequences encoding genes conferring herbicide resistance include the EPSP synthase gene (encoding 5-enolpyruvylshikimate-3-phosphate synthase enzyme), which confers resistance to glyphosate; an acetolactate synthase gene, which confers resistance to the herbicide "GLEAN"; a bialaphos resistance gene (the bar gene) coding for phosphinothricin acetyltransferase (PAT), and the glyphosate-tolerant genes, CP4 and GOX. Chimeric genes of the invention contain one or more of these herbicide-resistance genes, operationally linked to a drul promoter.

In another embodiment, the DNA sequence or cDNA sequence encodes a viral coat protein, such as alfalfa mosaic virus coat protein, cucumber mosaic virus coat protein, tobacco streak virus coat protein, potato virus coat protein, tobacco rattle virus coat protein, and tobacco mosaic virus coat protein. According to one such embodiment, a chimeric gene of the invention contains a viral coat protein gene, such as ALMV, CMV, TSV, PVX, TRV, or TMV, under the transcriptional control of a drul promoter. Alternatively, the DNA sequence corresponds to a gene encoding a dominant defective protein, such as mutant forms of the ETR1 gene which confer ethylene insensitivity. In yet another embodiment, the DNA sequence corresponds to a gene capable of altering a plant biochemical pathway, such as such as the ACCD gene. The ACCD gene forms a product which degrades a precursor in the ethylene biosynthetic pathway.

In another aspect, the invention includes an isolated DNA molecule comprising a constitutive promoter from a raspberry drul gene. One exemplary raspberry drul promoter is the drull0 promoter, presented herein as SEQ ID NO:3. Another exemplary constitutive raspberry promoter WO 97/27307 PCT/US97/01275 6 is the dru259 promoter, presented as SEQ ID NO:4. Additional fragments may be derived from the sequence representing the full-length drul promoter, SEQ ID NO:2, where the smaller fragments are effective to regulate constitutive expression of a DNA sequence under their control.

The present invention also includes the use of any of the above chimeric genes, DNA constructs, and isolated DNA sequences to generate a plant transformation vector. Such vectors can be used in any plant cell transformation method, including Agrobacterium-based methods, electroporation, microinjection, and microprojectile bombardment. These vectors may also form part of a plant transformation kit. Other components of the kit may include, but are not limited to, reagents useful for plant cell transformation.

In another embodiment, the present invention includes a plant cell, plant tissue, transgenic plant, fruit cell, whole fruit, seeds or calli containing any of the above-described raspberry promoters, chimeric genes or DNA constructs.

In another aspect of the present invention, the dru promoters described herein are employed in a method for providing moderate expression of a heterologous gene, such as a selectable marker gene, in transgenic plants. In this method, a chimeric gene of the present invention containing a DNA sequence encoding a selectable marker product a neomycin phosphotransferase or hygromycin phosphotransferase) is introduced into progenitor cells of a plant. Transgenic plants containing the chimeric gene are selected by their ability to grow in the presence of an amount of selective agent hygromycin, geneticin or kanamycin) that is toxic to non-transformed cells.

The transformed plant cells thus selected are then regenerated to provide a differentiated plant, followed by selection of a transformed plant which expresses the product.

Further, the invention includes a method for producing a transgenic fruit-bearing plant. In this method the chimeric gene of the present invention, typically carried in an expression vector allowing selection in plant cells, is introduced into progenitor cells of selected plant. These progenitor cells are then grown to produce a transgenic plant.

The method may further comprise isolation of a drul promoter (such as drull0 or dru259) by the following steps: selecting a probe DNA molecule containing a sequence homologous to a region of raspberry drul gene DNA, (ii) contacting the probe with a plurality of target DNA molecules derived from a raspberry genome under conditions favoring specific hybridization between the probe molecule and a target molecule homologous to the probe molecule, (iii) identifying a target molecule having a DNA sequence homologous to the raspberry drul gene, (iv) isolating promoter sequences associated with the target molecule, and evaluating one or more of the isolated sequences or portion thereof for its ability to regulate constitutive expression of a downstream gene under its control.

The chimeric genes, vectors, constructs isolated DNA molecules, products and methods of the present invention can be produced using the raspberry drul promoter sequences essentially as described above.

Throughout this specification the word "comprise", or variations such as "comprises" or "comprising", will be understood to imply the inclusion of a stated element, integer or step, or group of elements, integers or steps, but not the exclusion of any other element, integer or step, or group of elements, integers or steps.

S. 15 Brief Description of the Figures Fig. 1 is a schematic diagram illustrating the creation of plasmid pAG- 431 containing an exemplary raspberry drul promoter, referred to herein as dru259 pro, and the nptll gene; Fig. 2 is a flow chart representing the steps followed in constructing 20 vector pAG-421 containing a chimeric drullO pro-nptl gene; Fig. 3 outlines the steps involved in the construction of Agrobacterium binary vector pAG-7242, containing drull 10 pro fused to the nptll gene, from plasmids pAG-1542 and pAG-421; Fig. 4 is a flow chart depicting the creation of Agrobacterium binary 25 vector pAG-7342 containing a chimeric dru259 pro-nptll gene; Fig. 5 is a graph representing relative levels of nptll gene expression across 10 transgenic events for three different promoter-npt II chimeric gene combinations; Fig. 6A and 6B present the genome DNA sequence of the drul gene.

Indicated in the figures are a CAAT box, TATA box, ATG start codon, two exons, an intron, splicing sites, a stop codon and poly-adenylation sites; Figs. 7A and 7B present the DNA sequence of the full length drul promoter; 7A Fig. 8 presents the DNA sequence of the drullO promoter; Fig. 9 presents the DNA sequence of the dru259 promoter; Fig. 10 presents representative results of polyacrylamide gel electrophoretic analysis of raspberry drupelet proteins; Figs. 11A and 11B schematically represent the reverse transcriptasepolymerase chain reaction (RT-PCR; Kawasaki, et al, 1989; Wang, et al 1990) cloning of the raspberry drul gene; Fig. 12 presents a schematic representation of the gene organization and protein structure of drul; *o

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*t WO 97/27307 PCT/US97/01275 8 Fig. 13 presents a Kyte-Doolittle hydrophilicity plot of the coding sequence of drul. In the figure, the hydrophilicity window size 7; Fig. 14 shows the results of RNA dot blot analysis of drul RNA expression in raspberry leaf and receptacle. RNA was isolated from green, mature green, breaker orange/ripe raspberries (corresponding to stages I, II, III, IV, respectively); Fig. 15 shows the results of a RNA hybridization study evaluating the expression of drul RNA in raspberry leaf and fruit; Fig. 16 shows the results of polyacrylamide gel electrophoretic analysis of raspberry drupelet proteins obtained from drupelets at various stages of ripening, and Figs. 17A and 17B depict a flow chart summarizing the construction of plasmid pAG-1542.

Detailed Description of the Invention I. Definitions The following terms, as used herein, have the meanings as indicated: "Chimeric gene" as defined herein refers to a non-naturally occurring gene which is composed of parts of different genes. A chimeric gene is typically composed of a promoter sequence operably linked to a "heterologous" DNA sequence. A typical chimeric gene of the present invention, for transformation into a plant, will include a raspberry dru promoter a drull0 or dru259 promoter), a heterologous structural DNA coding sequence the aminoglycoside phosphotransferase (nptll) gene) and a 3' non-translated polyadenylation site.

A "constitutive" promoter refers to a promoter that directs RNA production in many or all tissues of a plant transformant, as opposed to a tissue-specific promoter, which directs RNA synthesis at higher levels in particular types of cells and tissues fruit specific promoters such as the tomato E4 or E8 promoter (Cordes, et al., 1989; Bestwick, et al., 1995).

By "promoter" is meant a sequence of DNA that directs transcription of a downstream heterologous gene, and includes promoters derived by means of ligation with operator regions, random or controlled mutagenesis, addition or duplication of enhancer sequences, addition or modification with synthetic linkers, and the like.

By "plant promoter" is meant a promoter (as defined above), which in its native form, is derived from plant genomic DNA.

"Raspberry promoter" refers to a promoter (as defined above) which, in its native form, is derived from a raspberry genome. For example, a drul promoter, such as drullO or dru259, is a non-coding regulatory region which is operably linked, in a native raspberry genome, to the coding region of a drul gene.

WO 97/27307 PCT/US97/01275 9 A raspberry promoter derived from a specified gene a raspberry promoter derived from the drul gene, such as drull0 or dru259) includes a promoter in which at least one or more regions of the promoter are derived from the specified raspberry gene. An exemplary promoter of this type is one in which a region of the promoter a dru259 promoter) is replaced by one or more sequences derived from a different gene, without substantially reducing the expression of the resulting chimeric gene in a host cell, or altering the function of the unaltered dru259 promoter.

"Promoter strength" refers to the level of promoter-regulated drullO, dru259) expression of a heterologous gene in a plant tissue or tissues, relative to a suitable standard caulimovirus cassava mottle vein virus promoter CAS or the hsp8O promoter). Expression levels can be measured by linking the promoter to a suitable reporter gene such as GUS (i-glucuronidase), dihydrofolate reductase, or nptlI (neomycin phosphotransferase). Expression of the reporter gene can be easily measured by fluorometric, spectrophotometric or histochemical assays (Jefferson, et al., 1987a; Jefferson, 1987b).

For the purposes of the present invention, a moderate promoter is one that drives expression of a reporter gene at about 10-90% of the level obtained with a promoter such as A "heterologous" DNA coding sequence is a structural coding sequence that is not native to the plant being transformed, or a coding sequence that has been engineered for improved characteristics of its protein product.

Heterologous, with respect to the promoter, refers to a coding sequence that does not exist in nature in the same gene with the promoter to which it is currently attached.

A gene considered to share sequence identity with the drul gene, or a particular region or regions thereof, has at least about 60% or preferably 80% global sequence identity over a length ofpolynucleotide sequence corresponding to the raspberry drul polynucleotide sequences disclosed herein SEQ ID NOs:1-4).

"Sequence identity" is determined essentially as follows. Two polynucleotide sequences of the same length (preferably, corresponding to the coding sequences of the gene) are considered to be identical homologous) to one another, if, when they are aligned using the ALIGN program, over 60% or preferably 80% of the nucleic acids in the highest scoring alignment are identically aligned using a ktup of 1, the default parameters and the default PAM matrix (Dayhoff, 1972).

The ALIGN program is found in the FASTA version 1.7 suite of sequence comparison programs (Pearson and Lipman, 1988; Pearson, 1990; program available from William R.

Pearson, Department of Biological Chemistry, Box 440, Jordan Hall, Charlottesville, VA).

WO 97/27307 PCT/US97/01275 Two nucleic acid fragments are considered to be "selectively hybridizable" to a polynucleotide derived from a drul gene if they are capable of specifically hybridizing to the coding sequences or a variants thereof or of specifically priming a polymerase chain amplification reaction: under typical hybridization and wash conditions, as described, for example, in Maniatis, et al., 1982, pages 320-328, and 382-389; (ii) using reduced stringency wash conditions that allow at most about 25-30% basepair mismatches, for example: 2 x SSC (contains sodium M NaCI and 0.3 M sodium citrate, at pH 0.1% sodium dodecyl sulfate (SDS) solution, room temperature twice, 30 minutes each; then 2 x SSC, 0.1% SDS, 37*C, once, for 30 minutes; then 2 x SSC, at room temperature twice, for 10 minutes each, or (iii) selecting primers for use in typical polymerase chain reactions (PCR) under standard conditions (for example, in Saiki, et al., 1988), which result in specific amplification of sequences of the desired target sequence or its variants.

Preferably, highly homologous nucleic acid strands contain less than 20-40% basepair mismatches, even more preferably less than 5-20% basepair mismatches. These degrees of homology sequence identity) can be selected by using wash conditions of appropriate stringency for identification of clones from gene libraries (or other sources of genetic material), as is well known in the art.

A "drul encoded polypeptide" is defined herein as any polypeptide homologous to having essentially the same sequence identity as) a drul encoded polypeptide. In one embodiment, a polypeptide is homologous to a drul encoded polypeptide if it is encoded by nucleic acid that selectively hybridizes to sequences of drul or its variants.

In another embodiment, a polypeptide is homologous to a drul encoded polypeptide if it is encoded by drul or its variants, as defined above. Polypeptides of this group are typically larger than 15, preferable 25, or more preferable 35, contiguous amino acids. Further, for polypeptides longer than about 60 amino acids, sequence comparisons for the purpose of determining "polypeptide homology" or "polypeptide sequence identity" are performed using the local alignment program LALIGN. The polypeptide sequence is compared against the drul amino acid sequence or any of its variants, as defined above, using the LALIGN program with a ktup of 1, default parameters and the default PAM.

Any polypeptide with an optimal alignment longer than 60 amino acids and greater than or preferably 80% of identically aligned amino acids is considered to be a "homologous polypeptide." The LALIGN program is found in the FASTA version 1.7 suite of sequence comparison programs (Pearson and Lipman, 1988; Pearson, 1990; program available from William R. Pearson, Department of Biological Chemistry, Box 440, Jordan Hall, Charlottesville, VA).

WO 97/27307 PCT/US97/01275 11 A polynucleotide is "derived from" drul if it has the same or substantially the same basepair sequence as a region of the drul protein coding sequence, cDNA of drul or complements thereof, or if it displays homology as defined above.

A polypeptide or polypeptide "fragment" is "derived from" drul if it is encoded by a drul gene, or (ii) displays homology to drul encoded polypeptides as noted above.

In the context of the present invention, the phrase "nucleic acid sequences," when referring to sequences which encode a protein, polypeptide, or peptide, is meant to include degenerative nucleic acid sequences which encode homologous protein, polypeptide or peptide sequences as well as the disclosed sequence.

As used herein, a "plant cell" refers to any cell derived from a plant, including undifferentiated tissue callus) as well as plant seeds, pollen, progagules and embryos.

II. Identification and Isolation of a Raspberry drul Promoter The present invention relates, in one aspect, to a promoter which, in a native raspberry genome, is operably linked to the coding region of a drul gene, and (ii) functions as a moderate strength, constitutive promoter. This aspect of the invention is based upon the discovery of the drul gene in raspberries, which is expressed at very high levels in ripening fruit. Expression directed by the full length drul promoter is fruit specific, and active during fruit ripening.

In contrast to the functional activity of the drul promoter, it has unexpectedly been discovered that two new promoters, both derived from the full length raspberry drul promoter, i) function as constitutive promoters are not fruit-specific), and (ii) drive expression of genes under their control at moderate levels, as will be described in more detail below.

The identification of the drul gene from raspberries, as well as the isolation of two exemplary drul promoters of the present invention, dru10 and dru259, will now be described.

A. drul Protein Identification. Purification and Sequence Determination Protein(s) produced by ripening fruit, such as those produced by raspberry, are typically analyzed by gel electrophoresis. A coomassie blue-stained SDS polyacrylamide gel of soluble drupelet proteins is shown in Fig. 10 (Examples 1A-B). As can be seen from Fig. 10, two highly abundant proteins isolable from raspberries are observed at approximately 17 and 15 kd, and are referred to herein as drupel and drupe2, respectively. The amount of drupel and drupe2 relative to the total amount of soluble protein can be determined, for example, by scanning densitometry.

Scanning densitometry analysis of the gel illustrated in Fig. 10 indicates that drupel and drupe2 comprise approximately 23 and 37%, respectively, of the total soluble protein in raspberry drupelets. As a result of this determination the high levels of drupel and drupe2), purifica- WO 97/27307 PCT/US97/01275 12 tion and sequencing of drupel and drupe2 can be carried out, for example, by using a direct western blot approach.

In carrying out a western blot analysis, total drupelet proteins are western blotted to PDVF membrane (Example 1B) and the regions corresponding to drupel and drupe2 are subjected to N-terminal amino acid sequence analysis. The drupel sample yields a thirty amino acid N-terminal sequence (Example 1B). The amino terminal drupel sequence is presented herein as SEQ ID NO:11.

B. Cloning drul Encoding Sequences 1. RT-PCR and Cloning of a drul cDNA Clone. The entire procedure for cloning drul, from cDNA synthesis to inverse PCR of a genomic copy of the gene, is shown schematically in Figures 11A and 11B.

In carrying out the cloning procedure, mature green raspberry drupelet mRNA is prepared as described in Example 2A and 2B and used as template in a cDNA synthesis reaction. The reaction is primed using the dTRANDOM primer (SEQ ID NO:12) shown in Figures 11A and 1 B. The resulting cDNA (Example 2C) is subjected to a standard PCR reaction using primers corresponding to a portion of the dTRANDOM primer and a 512-fold degenerate primer (Drupe based on the drupel amino terminal sequence (Example 3).

The PCR amplification products are then analyzed. Products from the above PCR reaction include a 710 bp product that is agarose gel purified and subcloned into vector pCRII (Example Subsequent sequence analysis of several of these clones allows identification of those clones whose sequence encodes a protein matching the amino terminal sequence of drupel.

2. Inverse PCR Cloning of a Genomic Copy of the drul Gene. In this approach to cloning the drul gene, genomic raspberry DNA is used in a PCR reaction using primers internal to the cDNA sequence obtained as described above (Example This reaction produces a genomic clone of the drul gene containing most of the protein coding region. A single intron was identified from the subsequent sequence analysis of this clone (Figure 6B). An inverse PCR strategy may be employed to characterize and sequence the 5' region of the gene containing the drul promoter (Example Figures 11A and 11B show schematically how this may be accomplished.

In characterizing the 5' flanking region of drul genomic DNA utilizing inverse PCR techniques, raspberry genomic DNA is digested with NsiI and ligated under dilute conditions to allow circularization of the restriction fragments. The ligated DNA is then subjected to PCR amplification using primers internal to the drul coding sequence and oriented in opposite directions from each other. This produces a PCR reaction product containing part of the first exon and 1.35 WO 97/27307 PCT/US97/01275 13 kb of the promoter. Subsequent sequence analysis of this clone in combination with sequence information from the previously described clones produces the complete drul sequence.

3. Sequence Determination and Evaluation of Gene Expression Patterns. The drul gene (Figs. 6A, 6B) encodes a protein with the predicted amino acid sequence presented as SEQ ID NO:20. The predicted molecular weight for this protein is 17,088, which agrees closely with the 17kd molecular weight determined by gel electrophoresis (see Figure 10) of total drupelet protein. The drul protein is relatively acidic with a predicted pi of 4.8. Nucleic acid and protein homology searches of the current sequence databases can be carried out to look for significant matches. For drul, nucleic acid and protein homology searches of the current sequence databases produced no significant matches. This result supports the original observation made with the amino terminal sequence of the protein that drupel is a novel protein.

The gene expression pattern of drul can be also be evaluated at the RNA and protein levels to confirm the tissue specificity of the full length promoter. Northern dot blots, Figs. 14 and of total RNA from raspberry leaf and receptacles at different ripening stages indicate a tissue and stage specific gene expression pattern. This can be confirmed by comparison of northern blots of total RNA from various other plant tissues. The tissue and stage specific gene expression pattern of drul was confirmed on northern blots of total RNA from leaf, receptacles, and drupelets (see Figs. 14 and 15). In both cases, no drul expression is observed in leaf RNA. The RNA expression pattern in receptacles is temporally regulated while in drupelets it is fully expressed at the two stages green and ripe) analyzed.

A protein gel of drupelet lysates from different ripening stages can also be carried out to further support stage specific expression of drul. As illustrated in Fig. 16, electrophoretic analysis of raspberry drupelet proteins obtained from drupelets at various stages of ripening green, mature green, breaker, orange, and ripe) further supports a stage specific expression pattern in drupelets (Fig. 16).

C. Isolation of the Full Length drul Promoter Characterization of the drul genomic clone allows isolation of the drul promoter. The nucleotide sequence of an exemplary full length drul promoter is presented as SEQ ID NO:2.

III. Isolation of Promoters drullO and dru259 Two representative raspberry promoters of the invention, dru10 and dru259, were isolated from the full length transcript of the drul promoter, which has been characterized as a stage and fruit-specific promoter. Surprisingly, these two new drul-derived promoters have been found to WO 97/27307 PCT/US97/01275 14 function as moderate level, constitutive promoters when fused to heterologous genes and evaluated for resultant patterns of expression in transformed plants.

The truncated dru promoters, drull0 and dru259, can be obtained from the full length drul promoter as described in Examples 7 and 8.

In utilizing this approach, a PCR reaction product containing part of the first exon and 1.35 kb of the drul promoter (as described in section II.B.2 above) is ligated into plasmid pCRII (Invitrogen, Carlsbad, CA) to form a subclone, pAG-310, containing the full length drul promoter, as shown in Figs. 1 and 2. A 1.3 kb DNA fragment from pAG-310 is then PCR amplified under standard conditions using primers DrupeUp primer, SEQ ID NO:7) and DrupeLow (3' primer, SEQ ID NO:8).

Recovery of the amplified DNA is typically carried out by addition of solvent to the reaction mixture, followed by centrifugation, recovery of the aqueous phase, and precipitation with sodium acetate. The recovered DNA is then typically purified by centrifugation and repeated washing, followed by drying of the recovered pellet.

The 1.3 kb DNA fragment is digested to completion with restriction enzymes NsiI and XbaI, followed by purification and ligation into plant expression vector, p35S-GFP (Clontech, Palo Alto, CA), which has been digested with Xbal and PstI. Restriction enzymes, PstI (used to digest GFP) and Nsil (used to digest the drul PCR product), both generate the same 3' overhanging cohesive ends (TGCA), so that upon ligation, neither restriction site is reconstructed. The resuiting intermediate plasmid, designated pAG-155, is represented schematically in Figs. 1 and 2.

Isolation of the raspberry dru259 promoter is accomplished by digesting plasmid pAG-155 with restriction enzymes, SnaBI and EcoRV, which are both blunt end cutters, to release a 259 bp drul promoter fragment, referred to herein as dru259.

Isolation of the raspberry drull0 promoter is achieved by amplifying a 166 bp fragment of drul carried in plasmid pAG-155 using primers drul-118H3 (SEQ ID NO:9) and GFPStartR (SEQ ID NO: 10) under standard PCR reaction conditions. The amplified product is then recovered from the reaction mixture, and purified as described above, followed by digestion of the 166 bp product with HindIII and EcoRV to produce the 112 bp promoter referred to herein as drull0.

The raspberry promoters, drull0 and dru259, can be used to regulate expression of heterologous genes. Exemplary dru promoter, dru259, has the nucleotide sequence presented herein as SEQ ID NO:4. Exemplary dru promoter, drullO, has the nucleotide sequence presented as SEQ ID NO:3.

The construction of illustrative subclones, pAG-431 and pAG-421, containing nucleotide sequences corresponding to dru259 and drullO, respectively, is presented in Figs. 1 and 2.

WO 97/27307 PCT/US97/01275 IV. Identification of a Plant drul Promoter The present invention also provides a method for identifying and isolating a drul promoter, e.g. dru10 and dru259, from a variety of plant sources, e.g. raspberry. Such promoters are useful for the generation of vector constructs containing heterologous genes, such as selectable marker genes, or genes conferring herbicide resistance.

Southern blot experiments are used to demonstrate the presence of DNA molecules having significant sequence identity typically greater than 55%, more preferably greater than identity using standard sequence comparison programs) with the raspberry drul gene in, for example, strawberry, peach or plum. Similar Southern blot analyses may be performed on other fruit-bearing plants to identify additional drul genes.

Drul homologues are identified in a Southern blot (Ausubel, et al., 1992) of the plant genomic DNA, probed with a labelled DNA fragment containing the coding sequence of the raspberry drul gene.

The probe is typically selected to contain the coding sequence of drul, rather than the promoter sequence, because coding sequences are typically more conserved from species to species than are promoter sequences. Probe molecules are generated from raspberry genomic DNA using primer-specific amplification (Mullis, 1987; Mullis, et al., 1987). The oligonucleotide primers are selected such that the amplified region includes the entire coding sequence of the raspberry drul gene, as provided herein. Primers may also be selected to amplify only a selected region of the raspberry drul gene.

Alternatively, a probe can be made by isolating restriction-digest fragments containing the sequence of interest from plasmid DNA.

The probe is labeled with a detectable moiety to enable subsequent identification of homologous target molecules. Exemplary labeling moieties include radioactive nucleotides, such as 2 P-labeled nucleotides, digoxygenin-labeled nucleotides, biotinylated nucleotides, and the like, available from commercial sources.

In the case of a primer-amplified probe, labeled nucleotides may be directly incorporated into the probe during the amplification process. Probe molecules derived from DNA that has already been isolated, such as restriction-digest fragments from plasmid DNA, are typically end-labeled (Ausubel, et al., 1992).

Target molecules, such as HindIII DNA fragments from the genomes of the above-listed plants, are electrophoresed on a gel, blotted, and immobilized onto a nylon or nitrocellulose filter.

Labeled probe molecules are then contacted with the target molecules under conditions favoring WO 97/27307 PCT/US97/01275 16 specific hybridization between the probe molecules and target molecules homologous to the probe molecules (Maniatis, et al., 1982; Sambrook, et al., 1989; Ausubel, et al., 1992).

Following the identification of plants containing drul genes, the DNA containing the desired genes, including the promoter regions, may be isolated from the respective species, by, for example, the methods described herein for the isolation of the raspberry drul gene. Generation of truncated promoters may be accomplished by, for example, 5' deletions such as those described herein for the isolation of the drul10 and dru259 promoters.

Variants of the drul promoter may be isolated from different raspberry cultivars and from other plants by the methods described above. A reporter gene, such as GUS (-glucuronidase), can be used to test tissue for constitutive, moderate level expression regulated by such promoters.

Expression of GUS protein can be easily measured by fluorometric, spectrophotometric or histochemical assays (Jefferson, et al., 1987a; Jefferson, 1987b).

Further, using chimeric genes containing drul promoter sequences operably linked to reporter gene sequences, DNA sequences corresponding to regulatory domains can be identified using, for example, deletion analysis (Benfey, et al., 1990). For example, the dru259 promoter sequence presented as SEQ ID NO:4 can be functionally linked to the GUS reporter gene. Deletion analysis can then be carried out by standard methods (Ausubel, et al., 1992; Maniatis, et al., 1982; Sambrook, et al., 1989). Alternatively, regions of the full length drul promoter sequence can be amplified using sequence-specific primers in PCR, as illustrated in Figs. 1 and 2. These amplified fragments can then be inserted 5' to the GUS coding sequences and the resulting expression patterns evaluated for moderate level, constitutive expression, which are features of the raspberry promoters of the invention.

V. Plant Transformation In support of the present invention, exemplary chimeric genes containing a raspberry plant promoter sequence operably linked to a heterologous DNA sequence, were constructed.

Exemplary chimeric gene constructs include drull0pro:nptlI (Example 10) and dru259pro:nptlI (Example The protein expressed by the nptlI gene, neomycin phosphotransferase, is an aminoglycoside phosphotransferase, which confers kanamycin resistance to transgenic plants expressing the product. This protein, as well as other selectable marker products, and products conferring herbicide resistance, may function more efficiently if expressed constitutively, and (ii) at moderate levels (rather than being overexpressed) in transgenic plants. Accordingly, exemplary promoters drull0 and dru259 represent ideal promoters for satisfying this objective.

WO 97/27307 PCT/US97/01275 17 A. Construction of Agrobacterium Binary Plant Transformation Vectors Construction of Agrobacterium binary vectors, pAG-7242 and pAG-7342, containing the two representative chimeric genes described above, can be performed as described in Example 10 and Example 19 (schematically represented in Figs. 3-4, drull0pro:nptlI, and dru259pro:nptlI, respectively). These binary vectors also contain a gene encoding SAMase, S-adenosylmethionine hydrolase (Ferro, et al., 1995; Hughes, et al., 1987), which is immaterial to the present invention.

1. Construction of a Binary Plant Transformation Vector pAG-7342 Containing a dru259::nptI Chimeric Gene. Binary plant transformation vector, pAG-7342, is constructed by excising a 13 kb nos pro::nptll fragment from subclone pAG-1542 by digestion with HindIII and BamHI, followed by ligation to a 1.1 kb HindII-BamHI fragment from subcloning vector, pAG- 431, to insert a dru259 pro::nptlI chimeric gene.

Plasmid pAG-1542 can be prepared using conventional cloning techniques known in the art (Sambrook, et al., 1989). This illustrative subcloning binary vector contains a neomycin phosphotransferase II selectable marker gene (nptlI) gene under the control of the nos promoter located near the left border, and the SAMase gene (Ferro, et al., 1995) driven by the tomato E8 promoter (Deikman, et al., 1988; Deikman, et al., 1992) located near the right border. As previously stated, the presence of the tomato E8:SAMase construct is immaterial to the expression results described herein.

Construction of subclone pAG-431, containing the dru259::nptI chimeric gene, is described in Example 7. Construction of binary plant transformation vector pAG-7342 is depicted schematically in Fig. 4 and detailed in Example 9.

A flow chart summarizing the construction of plasmid pAG-1542 is presented in Fig. 17.

2. Construction of a Binary Plant Transformation Vector Containing adrullO::nptII Chimeric Gene. Utilizing a similar approach, binary plant transformation vector, pAG-7242, is constructed by excising a 13 kb nos pro::nptll fragment from subclone pAG-1542 by digestion with HindIII and BamHI, followed by ligation to a 0.95 kb dru259::nptlI fragment from pAG-421 to form the binary plant transformation vector pAG-7242.

Construction of binary plant transformation vector pAG-7242 is depicted schematically in Fig. 3 and described in Example 10. Construction of subclone pAG-421, containing the drullO::nptlI chimeric gene, is described in Example 8.

B. Methods of Transforming Plants The above-described chimeric genes can be inserted, for example, into plant cells.

Transgenic plants containing these exemplary chimeric genes, regulated by the raspberry promoters

I

WO 97/27307 PCT/US97/01275 18 of the invention, express neomycin phosphotransferase II, which confers to plants expressing the product, resistance to the antibiotic, kanamycin.

In experiments performed in support of the invention, the chimeric genes were inserted into tomato plant cells, and the resulting levels and patterns of expression of the nptlI selectable marker gene were examined. Although nptII was selected as an exemplary marker gene to illustrate the ability of a raspberry plant promoter of the invention to regulate expression of a gene under its control, it will be understood that expression of any of a number of heterologous genes can be directed by the promoters of the present invention.

For example, nptI and nptlI are different and distinct enzymes, with differences in both their amino acid sequences and substrate specificities (Beck, et al., 1982). The raspberry promoters of the invention are suitable for directing expression of either of these neomycin phosphotransferases.

Plants suitable for transformation using the raspberry promoters of the invention include but are not limited to, raspberry, tomato, strawberry, banana, kiwi fruit, avocado, melon, mango, papaya, apple, peach, soybean, cotton, alfalfa, oilseed rape, flax, sugar beet, sunflower, potato, tobacco, maize, wheat, rice, and lettuce.

Chimeric genes containing a raspberry promoter, drull0, and dru259, can be transferred to plant cells by any of a number of plant transformation methodologies. One such method, employed herein, involves the insertion of a chimeric gene into a T-DNA-less Ti plasmid carried by A. tumefaciens, followed by co-cultivation of the A. tumefaciens cells with plant cells.

As provided in Example 11, Agrobacterium binary plant transformation vectors, pAG-7242 and pAG-7342, are individually introduced into a disarmed strain of A. tumefaciens by electroporation (Nagel, et al., 1990), followed by co-cultivation with tomato plant cells, to transfer the chimeric genes into tomato plant cells.

In addition to Agrobacterium-based methods, alternative methodologies may be employed to elicit transformation of a plant host, such as leaf disk-based transformation, electroporation, microinjection, and microprojectile bombardment (particle gun transformation). These methods are well known in the art (Fry, et al., 1987; Comai and Coning, 1993; Klein, et al., 1988; Miki, et al., 1987; Bellini, et al., 1989) and provide the means to introduce selected DNA into plant genomes. Such DNA may include a DNA cassette which consists of a raspberry promoter drull0, dru259) functionally adjacent a heterologous coding sequence.

Additionally, an iterative culture-selection methodology may be employed to generate plant transformants, and is particularly suited for transformation of woody species, such as raspberry.

WO 97/27307 PCT/US97/01275 19 This method is described in detail in International Publication No. WO 95/35388, entitled "Plant Genetic Transformation Methods and Transgenic Plants", published on 28 December 1995.

In employing an iterative culture-selection transformation methodology, a chimeric gene of interest is inserted into cells of a target plant tissue explant, such as by co-culturing a target explant in the presence of Agrobacterium containing the vector of interest. Typically, the coculturing is carried out in liquid for from about 1 to about 3 days. The plant tissue explant can be obtained from a variety of plant tissues including, but not limited to, leaf, cotyledon, petiole and meristem.

Transformed explant cells are then screened for their ability to be cultured in selective media having a threshold concentration of selective agent. Explants that can grow on the selective media are typically transferred to a fresh supply of the same media and cultured again. The explants are then cultured under regeneration conditions to produce regenerated plant shoots. These regenerated shoots are used to generate explants. These explants from selected, regenerated plant shoots are then cultured on a higher concentration of selective agent. This iterative culture method is repeated until essentially pure transgenic explants are obtained.

Pure transgenic explants are identified by dividing the regenerated plant shoots into explants, culturing the explants, and verifying that the growth of all explants is resistant to the highest concentration of selective agent used. That is, in the presence of selective agent there is no necrosis or significant bleaching of the explant tissue. Upon confirmation of production essentially pure transgenic explants, transgenic plants are produced by regenerating plants from the pure transgenic explants.

C. Identification and Evaluation of Plant Transformants Transgenic plants are assayed for their ability to synthesize product mRNA, DNA, protein, and/or for their resistance to an aminoglycoside antibiotic, kanamycin. The assays are typically conducted using various plant tissue sources, leaves, stem, or fruit.

Leaf-based assays are informative if the raspberry promoter driving the heterologous gene (transgene) is at least somewhat active in leaf tissue, as is the case for exemplary promoters drull0 and dru259. In such cases, leaf-based assays are useful for initial screens of the expression level of a transgene, since they can be performed much earlier than fruit-based assays. Fruit-based assays, on the other hand, provide more accurate data on transgene expression in a target tissue itself such as fruit.

RNA-based assays can be carried out using, for example, an RNAase protection assay (RPA). In carrying out such an assay, mRNA is typically extracted from plant cells derived from both transformed plants and wild-type plants. RNAse Protection Assays (RPA) can be performed WO 97/27307 PCT/US97/01275 according to the manufacturer's instructions using an "RPAII" kit from Ambion, Inc. (Hialeah, FL), as previously described by Lee, et al., 1987.

Gene expression patterns for transgenic plants containing chimeric genes regulated by a raspberry promoter can also be evaluated by conducting Northern dot blots Example 6).

Promoter function tissue and/or stage specific expression, or constitutive expression) can be evaluated by comparing northern blots of total RNA from leaf and fruit tissues at different ripening stages to northern blots of total RNA from various other plant tissues.

Experiments carried out in support of the invention indicate that the raspberry promoters, drull0 and dru259, do not function as stage or tissue-specific promoters. This is somewhat surprising, since a tissue and stage specific gene expression pattern of drul, regulated by the full length drul promoter, was confirmed on northern blots of total RNA from leaf, receptacles, and drupelets.

As a further confirmation of expression of a downstream heterologous gene regulated by a raspberry promoter of the invention, a Western blot analysis can be carried out. In conducting a typical Western blot experiment, total soluble protein is extracted from frozen plant tissue and measured using, for example, the Coomassie Plus protein assay (Pierce, Rockford, IL). Known quantities of soluble protein, or known quantities of purified protein product neomycinphosphotransferase II, positive control) are resolved on a polyacrylamide gel and transferred to nylon membranes. The bound proteins were then probed with a monoclonal antibody specifically immunoreactive with the protein product.

In another approach for confirming gene expression directed by raspberry promoter of the invention, a Southern hybridization analysis is performed. Typically, plant DNA is extracted by grinding frozen plant tissue in extraction buffer, followed by centrifugation, separation of the resulting supernatant, and precipitation with cesium chloride. The resulting CsCI gradients are then centrifuged for an extended period of time 48 and the recovered DNA is dialyzed and precipitated with ethanol. Upon recovery of plant DNA, the DNA is digested with suitable restriction enzymes to obtain DNA fragments, followed by electrophoretic separation on agarose gel. The resulting bands are transferred to nitrocellulose (Southern, 1975), and the blots are then probed with a labelled DNA fragment containing the nucleotide sequence of the transgene, to confirm the presence of DNA corresponding to a raspberry promoter-chimeric gene construct, as described above.

D. Comparative Evaluation of Gene Expression and Promoter Strength Experiments performed in support of the invention demonstrate the transformation of tomato plants with chimeric genes operably linked to a raspberry promoter of the present invention WO 97/27307 PCT/US97/01275 21 drullO, dru259). As is evident from the results of these experiments, the raspberry promoters of the invention are capable of regulating expression of genes placed under their control, and function as moderate level, constitutive promoters.

Tomato plants were transformed with plant transformation vectors, pAG-7242 and pAG- 7342, each containing a raspberry promoter operably linked to an nptll gene (Example 11). As detailed in sections V.A.1-2 above, plant transformation vector pAG-7242 contains the drullO::nptlI gene; and construct pAG-7342 contains the dru259::nptlI gene. Chimeric genes containing either the hsp8O promoter or the CAS promoter (caulimovirus cassava mottle vein virus promoter) fused to the nptlI gene were also prepared and used to transform tomato plants, to provide a comparative basis for evaluating performance of the raspberry promoters of the invention.

Results from ten separate transgenic events employing the constructs described above are provided in Example 12. To detect the presence of nptlI enzymatic activity in plant transformants, protein extracts from leaf tissue of rooted plants available at the time of culture were assayed by ELISA. In some cases, only 1 plant was available for assay Table 1, last two rows, column IV), while in other instances Table 1, row 2, column IV), ten separate transgenic events were available for analysis.

In referring now to transgenic plants containing a raspberry promoter of the invention drull0, dru259), as can be seen from the results in Table 1 (specifically, rows nptlI enzymatic activity was detected in a high percentage of the plants assayed, with values ranging from about 20-100%, depending upon the concentration of selection agent used and the number of rooted plants tested. These results are comparable to those obtained for transgenic plants containing known promoter::nptlI constructs, and indicate that the raspberry promoters of the invention are effective to regulate expression of heterologous genes placed under their control.

Also provided in Table 1 is a comparison of transformation frequency, that is, the ratio of the number of tissue explants producing regenerated shoots that are capable of rooting in the presence of selection agent to the total number of initial explants, expressed as a percentage.

Based on the results in column III, and referring to plants containing a raspberry promoter of the invention, on average, at least about half of the plants transformed with a raspberry promoter-containing construct survived selection with antibiotic, that is, they were capable of rooting in the presence of an amount of selection agent that would otherwise be toxic to non-transformed plant cells.

As in the case of the neomycin phosphotransferase assay discussed above, these results are consistent with those obtained with known plant promoters (hsp80, CAS), and further illustrate the capability of the raspberry promoters of the invention to regulate expression of genes placed WO 97/27307 PCTIUS97/01275 22 under their control, and (ii) the formation and use of chimeric gene constructs and transformation vectors containing a raspberry promoter (drullO, dru259), for transforming a plant host to form a transgenic plant expressing a heterologous gene.

The raspberry promoters of the invention provide constitutive expression of heterologous genes, as evidenced by the detection of nptII activity in all tissues obtained from transgenic plants transformed with exemplary plant transformation vectors pAG-7242 and pAG-7342.

Promoter-driven expression of the nptlI gene was evaluated by determining nptlI enzyme levels in transformants. The results are presented in Table 2 and in Fig. 5. Protein levels for leaf tissue obtained from transformants containing the CAS::nptlI chimeric gene are not included in either the table or the figure, since values from two CAS::nptlI events assayed were in excess of 6000 pg/ml, indicating the high level of gene expression regulated by the CAS promoter a strong promoter). While the drul promoters of the invention appear to direct transgene expression at levels somewhat lower than those observed for the hsp80 promoter, both drull0 and dru259 are considered to function as moderate-level promoters.

In looking at the results for the first two transgenic events in Table 2, the average nptlI enzyme level for drullO (dru259)::nptlI plants was about 5-9% that determined for CAS::nptlI plants.

In examining these same results, using the hsp80 promoter as a basis for comparison, the average nptlI enzyme activity determined for drullO (dru259)::nptlI plants was about 40-60% of the nptll enzyme activity determined for hsp80::nptlI plants.

Thus, promoters derived from the drul gene, drullO and dru259, provide somewhat lower levels of gene expression than the hsp80 promoter, but are also considered to function as moderate strength promoters. As supported by the data described above, each of the exemplary raspberry promoters described herein is capable of directing constitutive expression of a transgene at sufficient levels to support its use in regulating expression of any of a number of heterologous gene products.

Additionally, the transformation of tomato plants using the raspberry promoters of the present invention illustrates that a promoter region derived from raspberry can be used to promote expression of a gene within plant cells from a completely different genus, family, or species of plant.

VI. Vectors of the Present Invention The present invention provides vectors suitable for the transformation of plants. The vectors, chimeric genes and DNA constructs of the present invention are also useful for the expression of WO 97/27307 PCT/US97/01275 23 heterologous genes. Transgenic plants carrying the chimeric genes of the present invention may be a useful source of recombinantly-expressed material.

In one embodiment, the chimeric genes of the present invention have two components: (i) a constitutive promoter derived from a raspberry drul gene, and (ii) a heterologous DNA sequence encoding a desirable product.

The vectors of the present invention may be constructed to carry an expression cassette containing an insertion site for DNA coding sequences of interest. The transcription of such inserted DNA is then under the control of a suitable raspberry promoter drull0pro or dru259pro) of the present invention.

Such expression cassettes may have single or multiple transcription termination signals at the coding-3'-end of the DNA sequence being expressed. The expression cassette may also include, for example, DNA sequences encoding a leader sequence to allow secretion or vacuolar targeting), and (ii) translation termination signals.

Further, the vectors of the present invention may include selectable markers for use in plant cells (such as, a neomycin phosphotransferase II gene (nptll) or a neomycin phosphotransferase I gene). The presence of the nptlI gene confers resistance to the antibiotic, kanamycin. Another aminoglycoside resistance gene for use in vectors of the invention includes a gene encoding hygromycin phosphotransferase, an hpt gene (Gritz, et al., 1983). Plant cells containing the hpt gene are able to grow in the presence of the aminocyclitol antibiotic, hygromycin B. Other selectable marker sequences for use in the present invention include glyphosate-tolerant CP4 and COX genes (Zhou, et al., 1995). Transgenic plants expressing either of these genes exhibit tolerance to glyphosate, which can be used in selection media to select for plant transformants.

The vectors may also include sequences that allow their selection and propagation in a secondary host, such as, sequences containing an origin of replication and a selectable marker.

Typical secondary hosts include bacteria and yeast. In one embodiment, the secondary host is Escherichia coli, the origin of replication is a colEl-type, and the selectable marker is a gene encoding ampicillin resistance. Such sequences are well known in the art and are also commercially available Clontech, Palo Alto, CA; Stratagene, La Jolla, CA).

The vectors of the present invention may also be modified to intermediate plant transformation plasmids that contain a region of homology to an Agrobacterium tumefaciens vector, a T- DNA border region from Agrobacterium tumefaciens, and chimeric genes or expression cassettes (described above). Further, the vectors of the invention may comprise a disarmed plant tumor inducing plasmid of Agrobacterium tumefaciens.

WO 97/27307 PCT/US97/01275 24 The vectors of the present invention are useful for moderate level constitutive expression of nucleic acid coding sequences in plant cells. For example, a selected peptide or polypeptide coding sequence can be inserted in an expression cassette of a vector of the present invention. The vector is then transformed into host cells, the host cells are cultured under conditions to allow the expression of the protein coding sequences, and the expressed peptide or polypeptide is isolated from the cells. Transformed progenitor cells can also be used to produce transgenic plants bearing fruit.

The vectors, chimeric genes and DNA constructs of the present invention can be sold individually or in kits for use in plant cell transformation and the subsequent generation of transgenic plants.

A. Heterologous Genes The methods and results described herein demonstrate the ability of the raspberry promoters of the invention to provide constitutive, moderate level gene expression in transgenic plants. A raspberry promoter of the present invention includes a region of DNA that promotes transcription of the immediately adjacent (downstream) gene constitutively, in numerous plant tissues. According to methods of the present invention, heterologous genes are operably linked to a raspberry promoter of the present invention.

Exemplary heterologous genes for the transformation of plants include genes whose products are effective to confer antibiotic resistance. Some of these genes, including the nptlI gene, are described above.

Other genes of interest that can be used in conjunction with a raspberry promoter of the invention drul10, dru259) include, but are not limited to, the following: genes capable of conferring fungal resistance, such as the polygalacturonase inhibiting protein (PGIP) gene from Phaseolus vulgaris (Toubart, et al., 1992) and modified forms of plant glucanase, chitinase (Jongedijk, et al., 1995) and other pathogenesis related (PR) genes (Melchers, et al., 1994; Ponstein, et al., 1994; Woloshuk, et al., 1991). These gene products chitinases or beta-1,3glucanases) can, for example, enhance resistance to fungi such as Fusarium, Sclerotinia scleroriorwn, and Rhizoctonia solani. Transformed plants expressing these products exhibit increased resistance to diseases such as seedling damping off, root rot disease, and the like. Other representative genes for conferring both viral and fugal resistance to transgenic plants are described in "VIRUS AND FUNGAL RESISTANCE: FROM LABORATORY TO FIELD" (Van Den Elzen, et al., 1994).

Additional exemplary heterologous genes for use with a raspberry promoter of the present invention include genes whose products are effective to confer herbicide-resistance to transformed WO 97/27307 PCT/US97/01275 plant cells. Exemplary herbicide resistance genes include a bialaphos resistance gene (bar) which codes for phosphinothricin acetyltransferase (PAT) (Akama, et al., 1995). Transgenic plants containing this gene exhibit tolerance to the herbicide, "BASTA". This gene can also be used as a selectable marker gene, since explants carrying the bar gene are capable of growing on selective media containing phosphinothricin (PPT), which is an active component of bialaphos.

Additional herbicide resistance genes include those conferring resistance to glyphosatecontaining herbicides. Glyphosate refers to N-phosphonomethyl glycine, in either its acidic or anionic forms. Herbicides containing this active ingredient include "ROUNDUP" and "GLEAN".

Exemplary genes for imparting glyphosate resistance include an EPSP synthase gene enolpyruvyl-3-phosphosshikimate synthase) (Delanney, et al., 1995; Tinius, et al., 1995), or an acetolactate synthase gene (Yao, et al., 1995).

Other exemplary DNA coding sequences include a bxn gene encoding a bromoxynil-specific nitrilase (Stalker, etal., 1988), under the transcriptional control of a drul promoter. Transformed plants containing this chimeric gene express a bromoxynil-specific nitrilase and are resistant to the application of bromoxynil-containing herbicides.

Other gene products which may be useful to express using the promoters of the present invention include genes encoding a viral coat protein, to enhance coat-protein mediated virusresistance in transgenic plants. Exemplary genes include genes coding for alfalfa mosaic virus coat protein (AIMV), cucumber mosaic virus coat protein (CMV), tobacco streak virus coat protein (TSV), potato virus coat protein (PVY), tobacco rattle virus coat protein (TRV), and tobacco mosaic virus coat protein (TMV) (Beachy, et al., 1990). Thus, a chimeric gene of the invention will contain a viral coat protein gene, such as an ALMV, CMV, TSV, PVX, TRV, or TMV gene, under the transcriptional control of a raspberry a drul promoter.

B. Expression in Heterologous Plant Systems Experiments performed in support of the present invention demonstrate the versatility of the chimeric gene constructs of the invention. The vector constructs of the present invention can be used for transformation and expression of heterologous sequences in transgenic plants independent of the original plant source for the promoter sequence. For example, the drullO::nptII and dru259::nptlII chimeric genes were successfully introduced into tomato plant cells.

These data suggest that the raspberry promoters of the invention drullO, dru259) are useful for promoting gene expression in heterologous plant systems, plant cells other than raspberry, such as tomato. Further, the expression mediated by the promoters appears to be constitutive even in heterologous plants. These findings support the usefulness of the vectors, chimeric genes and DNA constructs of the present invention for transformation of plants.

WO 97/27307 PCT/US97/01275 26 VII. Utility Experiments performed in support of the present invention demonstrate that the gene expression patterns of nptll directed by a drul promoter, such as drullO or dru259, are observed in various plant tissues leaf, stem, fruit, root). Accordingly, use of a raspberry promoter of the invention allows constitutive expression of a foreign gene placed under its control.

The raspberry drul-derived promoters of the invention, drullO and dru259, can be cloned as described above employing sequence information described herein. These raspberry promoters can be used to express any heterologous gene whose function would be enhanced or enabled by a moderate level, constitutive promoter. Exemplary genes are described above.

The use of these promoters cannot be considered limited to raspberries, particularly in view of the successful transformation of tomato using the raspberry promoters of the invention. Since raspberry is essentially a miniature drupe fruit, it is likely that the raspberry promoters will function in other drupe fruits. The constructs and methods of the present invention are applicable to all higher plants including, but not limited to, the following: Berry-like fruits, for example, Vitis (grapes), Fragaria (strawberries), Rubus (raspberries, blackberries, loganberries), Ribes (currants and gooseberries), Vaccinium, (blueberries, bilberries, whortleberries, cranberries), Actinida (kiwifruit and Chinese gooseberry). Further, other drupe fruits, including, but not limited to, Malus (apple), Pyrus (pears), most members of the Prunus genera, sapota, mango, avocado, apricot, peaches, cherries, plums, and nectarines. Additional plant sources are described above.

The present invention provides compositions and methods to regulate plant cell expression of any gene in a constitutive manner. In one embodiment, the promoters of the present invention can be used to regulate expression of a selectable marker gene, such as nptlI. Alternatively, the raspberry promoters can be used to promote expression of a herbicide-resistance gene, or to regulate expression of a gene encoding a viral coat protein, to provide enhanced virus resistance.

The raspberry promoters of the invention can be used in chimeric genes, plant transformation vectors, expression cassettes, kits, and the like, to promote transformation of plant cells.

The raspberry promoters described herein may also be employed in a method for providing moderate level expression of a heterologous gene, such as a selectable marker gene, in a transgenic plant.

The following examples illustrate, but in no way are intended to limit the scope of the present invention.

Materials and Methods Biological reagents were typically obtained from the following vendors: 5' to 3' Prime, Boulder, CO; New England Biolabs, Beverly, MA; Gibco/BRL, Gaithersburg, MD; Promega, WO 97/27307 PCT/US97/01275 27 Madison, WI; Clontech, Palo Alto, CA; and Operon, Alameda, CA. Standard recombinant DNA techniques were employed in all constructions (Adams and Yang, 1977; Ausubel, et al., 1992; Hooykaas and Schilperoot 1985; Sambrook, et al., 1989; Wang, et al., 1990; Kawasaki, et al., 1989; Veluthambi, et al., 1988; Benvenuto, et al., 1988).

Example 1 Raspberry Drupelet Protein Characterization and Purification A. Protein Lysate Preparation and Gel Electrophoresis Using a mortar and pestle containing liquid nitrogen, a raspberry protein sample was prepared by grinding the frozen drupes of one whole berry into a fine powder. Sample buffer (0.05 M Tris, pH 6.8, 1% SDS, 5% beta-mercaptoethanol, 10% glycerol; Laemelli, 1970) was added (900 ls) to the tissue and the sample mixed by vortexing. The sample was heated for minutes at 90-95 C and centrifuged at 14K rpm, 4°C for 10 minutes. The supernatant was removed from the insoluble debris pellet and stored at -20 0

C.

Drupelet proteins were analyzed by sodium dodecyl sulfate polyacrylamide gel electrophoresis (SDS PAGE) combined with coomassie blue staining using standard procedures. A coomassie blue-stained SDS polyacrylamide gel of soluble drupelet proteins is shown in Figure 10. In the figure: lane 1, molecular weight markers (BioRad, Richmond, CA), lanes 2, 3 and 5 each contain 9 jig of raspberry drupelet protein lysate prepared separately from individual fruit. Lane 4 contained a higher amount of lysate.

Two highly abundant proteins were observed at approximately 17 and 15 kd and were named drupel and drupe2, respectively. In Fig. 10 these two proteins are indicated by arrows. Scanning densitometry analysis of this gel indicated drupel and drupe2 comprise approximately 23 and 37%, respectively, of the total soluble protein in raspberry drupelets. As a result, a direct western blot approach to purification and sequencing of the protein was followed.

B. Protein Blot For Sequencing A protein blot (Applied Biosystems, Inc. User Bulletin Number 58; Ausubel, et al., 1992) was prepared using the raspberry protein lysate described above. Varying amounts of raspberry protein lysate (12-36 ug/well) were loaded on a 10 well 18% SDS-PAGE minigel (1.5 mm thick) with 4.5% stacker and electrophoresed at 100 volts in 25 mM Tris, 192 mM glycine, 0.1% SDS buffer for 2-2.5 hours.

Proteins weretransblotted onto Applied BioSystem's "PROBLOTT" polyvinylidenedifluoride (PVDF) membrane in a 25 mM Tris, 192 mM glycine, 10% methanol buffer at 90 volts for 2 hours at 4°C. After protein transfer, the blot was Coomassie blue stained and the 15 and 17 kilodalton (kd) protein bands were located on the blot and cut out. N-terminal sequencing of the WO 97/27307 PCT/US97/01275 28 proteins was carried out at the W.M. Keck Foundation, Biotechnology Resource Laboratory in New Haven, CT.

The drupel sample yielded a thirty amino acid N-terminal sequence. The drupe2 sample did not yield useful sequence information likely due to a blocked amino terminus. The amino terminal drupel sequence is presented as SEQ ID NO:11. This 30 amino acid drupel sequence was compared to the protein database using BLAST searching; no significant matches were found indicating that drupel is a novel protein.

EXAMPLE 2 Recovering a cDNA Clone Corresponding to the Drupel Protein A. Drupelet Total RNA Preparation RNA was extracted from mature green raspberry drupelets. Four mature green raspberry fruit, which had been picked in season and stored at -80*C, were used to extract RNA. The estimated weight of the drupelets was 12 grams. In a cold mortar, which contained liquid nitrogen, the whole berries were fractured by tapping them with a pestle. The drupelets were separated from the receptacles. The receptacles were removed from the mortar and discarded.

The drupelets were ground to a powder in the mortar, adding liquid nitrogen as necessary to keep the tissue frozen. The seeds were purposefully left intact. Homogenization buffer, 2 ml/gram of tissue, was used to extract the RNA. [Homogenization buffer: 200 mM Tris-HCI pH 8.5, 300 mM LiC1, 10 mM Na 2 EDTA, 1% sodium deoxycholate, 1.5% sodium dodecyl sulfate (SDS), 8.5% insoluble polyvinylpolypyrollidone (PVPP), 1% NP-40, 1 mM aurintricarboxylic acid (ATA), 5 mM thiourea, and 10 mM dithiothreitol (DTT); the last three components were added after autoclaving].

The frozen powdered drupelet tissue was added to the buffer in 3 to 5 portions, vortexing between additions until all tissue was moistened. The tissue plus buffer solution (referred to herein as the pulp) was diluted 1:1 with sterile water and 0.75 volumes of homogenization buffer were added to the diluted pulp. The sample was incubated at 65 0 C for 10 to 15 minutes, followed by centrifugation in a swinging bucket rotor at 9000 g for 15 minutes at 4 0 C. The supernatant was transferred to a clean tube. Cesium chloride (CsCI) was added to the supernatant at 0.2 g/ml.

The sample was mixed until the CsC1 dissolved.

A 4 ml cushion was dispensed into a Beckman 1 x 3.5 inch polyallomer ultracentrifuge tube (cushion: 5.7 M CsCI, 10 mM Tris-HCl, pH 8.0, 1 mM Na 2 EDTA, pH The sample was gently layered on top of the cushion. The sample was spun in a Beckman L8-80M ultracentrifuge with a SW 28 rotor at 23,000 rpm at 20 0 C for 20 hours. After removing the sample from the WO 97/27307 PCT/US97/01275 29 ultracentrifuge the supernatant was pulled off the sample by using a drawn Pasteur pipette attached to an aspirator. A clear lens-like pellet was visible in the bottom of the tube.

The pellet was dissolved in 500 /l SSTE and transferred to a microfuge tube (SSTE: 0.8 M NaCI, 0.4% SDS, 10 mM Tris-HC1, pH 8.0 and 1 mM Na 2 EDTA, pH The sample was extracted twice with an equal volume of chloroform:isoamyl alcohol To precipitate the RNA, 2.5 volumes ethanol were added to the aqueous phase. The sample was collected by centrifugation, washed two times with 75% ethanol and resuspended in 100 /l TE. The yield was 1.6 mg. The RNA was reprecipitated with 1/9 volume 3 M sodium acetate and 3 volumes ethanol for storage at B. Drupelet mRNA Preparation The isolation of mRNA from mature green raspberry drupelet total RNA was performed using the "STRAIGHT A'S" mRNA isolation system (Novagen, Madison, WI) according to the manufacturer's instructions. mRNA was isolated from the 1.6 mg of total RNA extracted from mature green raspberry drupelets described above. The yield of mRNA from this procedure was 6.6 Ig.

C. Preparation of cDNA From Green Raspberry Drupelet mRNA The mRNA from mature green raspberry drupelet RNA was used as the template for cDNA synthesis. The primer for the cDNA reactions was dTRANDOM (SEQ ID NO:12; synthesized by Operon Technologies, Inc., Alameda, CA). The oligo(dT) region hybridized to the poly(A) region of the mRNA pool. The other 15 nucleotides created a 5' overhang that was used to facilitate PCR amplification at a later step in the cloning process.

The following reaction mixture was assembled for the cDNA synthesis reaction: H20, 10.2 ul; 250 ng mRNA, 0.8 il; 5 x BRL RT buffer (BRL, Bethesda, MD), 4.0 Al; 100 mM DTT (dithiothreitol BRL, Bethesda, MD), 0.2 Ml; "RNAguard" (23.4 an RNase inhibitor from Pharmacia, Piscataway, NJ), 0.5 Al; dNTP's (2.5 mM each), 2.0 50 MM primer, 1.0 /l; 3 2 PdCTP (3000 Ci/mmol; DuPont/NEN, Boston, MA), 1.0 Ml; and AMV-reverse-transcriptase (38 U/pl; Life Sciences, Inc., St. Petersburg, Florida), 0.3 Al. The cDNA reaction was performed by combining mRNA and water for the reaction and heating to 65°C for 3 minutes. The mixture was cooled on ice and microfuged (to collect condensation). The remaining reaction components were then added.

After incubating at 42°C for 1 hour the cDNA reactions were moved to ice and stored at 4 C prior to their use in PCR reactions.

WO 97/27307 PCT/US97/01275 EXAMPLE 3 PCR Amplification and Cloning of the cDNA drul Fragment A degenerate PCR primer, Drupe20, was designed for the 5' end of the cDNA based on the reverse translation of the drul protein sequence. A section of the known amino acid sequence of drul (SEQ ID NO:13) was chosen for its proximity to the amino terminus and for the relatively low level of degeneracy in its reverse-translated sequence (SEQ ID NO:14; Drupe20). The primer is the 512-fold degenerate nucleotide sequence corresponding to the amino acid sequence presented as SEQ ID NO:13, and (ii) was used as the 3'-primer.

The 5' PCR primer (DrupeRAN18, SEQ ID NO:15, corresponding to the cDNA primer, dTRANDOM) was designed for the 3' end. Polymerase chain reaction (PCR; Perkin-Elmer Cetus, Norwalk, CT; Mullis, 1987; Mullis, et al., 1987, was performed following the manufacturer's procedure using "AMPLITAQ" (Perkin Elmer Cetus), PCR buffer II (50.0 mM KCI, mM Tris-HC1, pH 2 mM MgCI,, 0.2 mM of each dNTP, mature green drupelet cDNA and Drupe20 and DrupeRAN18 primers under the following conditions: 1 cycle at 95*C, 1 minute, cycles at 95"C for 1 minute, 42 0 C for 1 minute and 72*C for 1 minute, 1 cycle at 72°C for 5 minutes, and cooling to There were two major products of the amplification reaction: a predominant product of approximately 700 bp and a less abundant product of approximately 500 bp. The 700 bp band was isolated from a 1% "SEAPLAQUE" agarose gel using 0-agarase (New England Biolabs, Beverly, MA) according to the supplier's instructions. This fragment was then ligated to the vector pCRII, the TA cloning vector from Invitrogen (San Diego, CA), following the manufacturer's instructions.

The cDNA clones of the drul gene were identified by screening plasmid miniprep DNA prepared from 1.6 ml of culture using the alkaline lysis method (Ausubel, et al., 1992). The double-stranded DNA was sequenced by the dideoxy chain-termination method using the "SEQUENASE" ver.2 enzyme and kit components (United States Biochemical, Cleveland, Ohio) and [ca-S]-dATP (DuPont/NEN). The reactions were primed with the M13 universal forward and reverse primers (New England Biolabs, Beverly, MA). Sequencing reactions were resolved on an acrylamide gel ("LONG RANGER GEL," FMC, Rockland, Maine) and bands detected by autoradiography.

The sequence was read from the autoradiograph and analyzed for its homology with the reverse translated N-terminal protein sequence from drupel. The actual DNA sequence was determined, as opposed to the degenerate DNA sequence obtained through reverse translation of the protein sequence. The correlation between the cDNA and the remainder of the N-terminal WO 97/27307 PCTUS97/01275 31 protein sequence was confirmed. A clone (designated pAG-301) was selected, following these criteria, for further characterization. The nucleic acid sequence of the drul cDNA insert of pAG- 301 is presented as SEQ ID NO:16.

The entire drul cloning procedure from cDNA synthesis to inverse PCR of a genomic copy of the gene is shown schematically in Figs. 11A and 11B.

EXAMPLE 4 Recovering the Genomic DNA Fragment Corresponding to the drul cDNA The "CTAB" (hexadecyl-trimethyl-ammonium bromide) method (Doyle and Doyle, 1990) was used to extract DNA from raspberry leaves. PCR primers (DruGen5', SEQ ID NO:17; DruGen3', SEQ ID NO:18) were designed based upon the complete drul cDNA sequence.

"OLIGO," a multi-functional program from National Biosciences, Inc. (Plymouth, MN), was used to facilitate design of the primers. PCR was performed following the manufacturer's procedure using "AMPLITAQ" (Perkin-Elmer Cetus), PCR buffer (50.0 mM KCI, 10 mM Tris-HCl pH 8.3, and 1.5 mM MgCL,), 0.2 mM of each dNTP, raspberry genomic DNA and DruGen5' and DruGen3' primers under the following ("HOT START") conditions: 1 cycle of 97°C for 5 minutes, after which the "AMPLITAQ" was added, 2 cycles of 97°C for 1 minute, 52°C for 1 minute and 72 0 C for 1 minute, cycles of 94°C for 1 minute, 52°C for 1 minute and 72 0 C for 1 minute, 1 cycle of 72 0 C for 5 minutes, and cooling to This amplification reaction produced 3 major products: a predominant product of 710 bp and 2 less abundant products of 690 and 625 bp. The PCR reaction products were then ligated to the vector pCRII, the TA cloning vector from Invitrogen (San Diego, CA), following the manufacturer's instructions. A clone was selected with a 710 bp insert and designated pAG-302.

Plasmid DNA of pAG-302 was prepared from 1.6 ml of culture using the alkaline lysis method (Ausubel, et al., 1992) and sequenced by the dideoxy chain-termination method using "SEQUENASE" ver.2 enzyme and kit components (USB, Cleveland, Ohio) and (DuPont/NEN). The sequencing reactions were primed with the M13 universal forward and reverse primers (New England Biolabs, Beverly, MA). Further sequencing reactions were primed with 2 additional internal primers. Sequencing reactions were resolved on an acrylamide gel and detected through autoradiography.

The sequence of the drul genomic DNA insert in pAG-302 is presented as SEQ ID NO:19.

The sequence of the clone demonstrated that a genomic DNA fragment corresponding to the drul cDNA had been isolated.

WO 97/27307 PCT/US97/01275 32 EXAMPLE Recovering the 5' Flanking Region of the drul Genomic DNA Through Inverse PCR Inverse PCR primers (designated DrulnvUp, SEQ ID NO:5, and DruInvLow, SEQ ID NO:6) were designed based upon the genomic DNA sequence and optimized using OLIGO. Genomic raspberry DNA was digested with restriction enzyme NsiI. NsiI was chosen because, based on the cDNA sequence, NsiI was known to cut in the 3'-untranslated region of the gene. A small portion of the NsiI digested DNA was run on an analytical agarose gel and a Southern transfer was performed (Ausubel, et al., 1992).

The Southern blot was probed with the cDNA fragment contained in pAG-302. The probe identified a NsiI fragment of about 2-2.3 kb: this fragment hybridized strongly with the genomic clone. A second, smaller fragment hybridized to the probe as well but hybridized weakly with the genomic clone.

The remaining NsiI-digested raspberry DNA was electrophoresed on a 1% "SEAPLAQUE" agarose gel (FMC, Rockland, ME). Using a BstEII lambda size standard as a guide, the digested DNA in the range of 2-2.3 kb was excised from the gel. The DNA was purified using /-agarase (New England Biolabs, Beverly, MA) following the manufacturer's instructions. The DNA was self ligated at a relatively dilute concentration (1 ig/ml) to bias the formation of circular ligation reaction products (Ochman, et al., 1990).

Inverse PCR was subsequently performed on the self-ligated, NsiI-digested, size-selected, genomic raspberry DNA. "AMPLITAQ" from Perkin Elmer Corporation/Applied Biosystems Division (Foster City, CA) was used to amplify the DNA. The manufacturer's procedure was followed using PCR buffer, 0.2 mM of each dNTP, raspberry genomic DNA (prepared as described herein), and DrulnvUp (SEQ ID NO:5) and DruInvLow primers (SEQ ID NO:6). The following ("HOT START") reaction conditions were employed: One cycle at 97C for 5 minutes, after which the "AMPLITAQ" was added, 2 cycles at 97°C for 1 minute, 58°C for 1 minute and 72 0 C for 1 minute, cycles at 94°C for 1 minute, 58 0 C for 1 minute and 72°C for 1 minute, 1 cycle at 72 0 C for 5 minutes, and cooling to This reaction produced 2 major amplification products, one of 1.8 kb and one of 900 bp.

The 1.8 kb band was isolated from a 1% "SEAPLAQUE" agarose gel using 3-agarase. This fragment was ligated to pCRII to give rise to pAG-310. A schematic representation of the preparation of subclone pAG-310 is presented in Figs. 1 and 2.

The pAG-310 insert was sequenced in its entirety (SEQ ID NO:1) and the drul insert sequence was found to be identical to the cDNA clone (SEQ ID NO:16) and the genomic clone WO 97/27307 PCT/US97/01275 33 (SEQ ID NO:19) in the regions where sequence was shared. The normal elements of plant genes and their regulatory components were identified (Figs. 6A and 6B) including a CAAT box, TATA box, ATG start codon, two exons, an intron, splicing sites, a stop codon and poly-adenylation sites.

The gene organization and protein structure of drul is schematically displayed in Figure 12.

The gene encodes a protein having the predicted amino acid sequence presented as SEQ ID The predicted protein has a calculated molecular weight of 17,087.64 and an estimated pl of 4.80. A Kyte-Doolittle hydrophobicity plot of the drul protein is presented as Fig. 13.

EXAMPLE 6 Characterization of drul Gene Expression A. RNA Dot Blots RNA dot blots were prepared using 5g of total raspberry leaf RNA and 5 tg each of total receptacle RNA from green, mature green, breaker, and orange/ripe raspberries (corresponding to stages I, II, III, IV, respectively, in Figure 14). The blots were probed with the drul cDNA fragment, labeled with [32-P]dCTP 3000 Ci/mmole) by the random primed method (Boeringer Mannheim Biochemicals, Random Primed reaction kit, Indianapolis, IN).

The blots were allowed to hybridize overnight at 45*C in "HYBRISOL I" (Oncor, Gaithersburg, MD). A probe concentration of 1.2 x 107 DPM/ml was used. The blot was washed after the overnight hybridization with a final wash using 0.1 x SSC at 42 0 C for 1 hour.

The hybridizing probe was detected through standard autoradiographic methods. The exposure of the blot to film was for 4 hours and 10 minutes with an intensifying screen at The results of this analysis are shown in Fig. 14. In the figure the RNA dots are, respectively from left to right, leaf RNA and receptacle RNA from green (Fig. 14, mature green (Fig. 14, breaker (Fig. 14, "III") and orange/ripe raspberries (Fig. 14, B. Further RNA Hybridization Analysis A plant RNA extraction method (Chang, et al., 1993) was used for receptacles and leaves.

The raspberry drupelet RNA extraction method described above was used for the drupelets and strawberry fruit.

A Northern blot was prepared using 5 g/lane of each sample RNA. The RNA samples were as follows: raspberry leaf (Fig. 15, lane mature green raspberry receptacles (Fig. 15, lane 2), orange/ripe raspberry receptacles (Fig. 15, lane mature green raspberry drupelets (Fig. lane and orange/ripe raspberry drupelets (Fig. 15, lane WO 97/27307 PCT/US97/01275 34 The blot was probed with the drul cDNA fragment, labeled with 3 P]dCTP (>3000 Ci/mmole) by random primed reactions. Hybridization was carried out overnight at 45"C in "HYBRISOL I" (Oncor, Gaithersburg, MD). A probe concentration of 4.2 x 106 DPM/ml was used. The blot was washed after the overnight hybridization with a final wash using 0.1 x SSC at 50C for 30 minutes. The hybridizing probe was detected through standard autoradiographic methods. The exposure of the blot to film was for 1 hour at room temperature without an intensifying screen.

The results of this analysis are presented in Fig. 15 and support a stage specific expression pattern in drupelets.

C. Protein Expression Analysis Protein lysates were prepared (as described in Example 1) from raspberry drupelets at various stages of ripening. The lysates were size-fractionated by PAGE and the gel stained with Coomaise blue (50% MeOH, 10 mM Tris-HCI pH 8.3, 1.5 mM MgC12). The results are presented in Fig. 16. In the figure the lysates in the lanes were as follows: lane 1, green drupelet; lane 2, mature green drupelet; lane 3, breaker drupelet; lane 4, orange drupelet; and lane ripe drupelet. The results of this analysis supports a stage specific expression pattern in drupelets.

EXAMPLE 7 Creation of Subclone pAG-431 Containing the dru259 Promoter Creation of subclone pAG-310 containing the full-length drul promoter is described in Example 5 above.

A DNA fragment containing the drul promoter was PCR amplified from subclone pAG-310 using primers, 5' primer, DrupeUp (SEQ ID NO:7) and 3' primer, DrupeLow (SEQ ID NO:8) under standard PCR reaction conditions. The PCR reaction mixture contained the following components: 79.0 /l water, 10.0 zl 10X Vent buffer, 1.0 /l DrupeUp primer (50MM solution), !l DrupeLow primer (50 /M solution), 8.0 pl dNPTs (2.5 mM each), 1.0 pl template DNA (100 ng). The PCR reaction conditions employed were as follows: 1 cycle at 97°C, 4 minutes, after which AMPLITAQ was added; cycles at 94°C for 1 minute, 49 C for 1 minute, and 72 0 C for 1 minute, 1 cycle at 72°C for 5 minutes, followed by cooling to The amplification reaction produced a 1.3 kb fragment product as illustrated in the top portion of Figs. 1 and 2.

This fragment was purified from the reaction mixture as follows. The PCR reaction mixture was transferred to a light Phase Lock Gel tube (5 Prime to 3 Prime, Boulder, The WO 97/27307 PCT/US97/01275 following solvent combination, phenol:chloroform:isoamyl alcohol (25:24:1), was added to this tube at a volume equal to the PCR reaction volume. The tube was spun in a microcentrifuge following the manufacturer's instructions. The upper aqueous phase was transferred to a Select, spin column (5 Prime to 3 Prime, Boulder, CO.) and the DNA was centrifuged through the column according to the manufacturer's instructions. To the eluant was added 1/10 volume of 3M sodium acetate and 2.5 volumes of ethanol, in order to precipitate the DNA. The sample was incubated on ice for a period of no less than 10 minutes, and then microcentrifuged at 4"C for minutes at 14,000 rpm. The supernatant was decanted from the tube and the pellet washed twice with 75% ethanol. The pellet was allowed to dry, and then resuspended in 25 pl 1/2 strength TE (5 mM Tris-HCl, 0.5 mM EDTA, pH The DNA fragment was digested to completion with restriction enzymes NsiI and XbaI to produce a drul promoter fragment. This fragment was purified in the same manner as was the PCR product described above.

The non-integrating plant expression vector p35S-GFP (Clontech Laboratories, Palo Alto, CA) was digested with XbaI and PstI. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 3.7 kb fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using f-agarase from New England Biolabs (Beverly, MA), following the manufacturer's instructions. The gel region containing the 0.85 kb 35S promoter was discarded. The 3.7 kb fragment from p35S-GFP2 and the 1.3 kb drul promoter fragment were combined in a ligation reaction, using Gibco/BRL's T4 DNA ligase, following the manufacturer's instructions, to form the intermediate plasmid pAG-155. The resulting plasmid containing the raspberry drul promoter was designated pAG-155, as illustrated in Figs. 1 and 2.

Plasmid pAG-155 was digested to completion with SnaBI and EcoRV, both blunt cutters, releasing the 259 bp drul promoter fragment, designated herein as dru259, where nucleotide number one is immediately 5' of the ATG start codon.The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 259 bp drul promoter fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using f-agarase (New England Biolabs, Beverly, MA), following the manufacturer's instructions. The gel region containing the remainder of the plasmid was discarded.

Subclone pAG-411 containing the nos::nptlI cassette was prepared as follows. Cloning vector pGEM®3Zf(+) (Promega, Madison, WI) was digested with Xbal and BamHI. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 3.2 kb fragment was cut from the body of the gel. The DNA WO 97/27307 PCT/US97/01275 36 fragment was then purified away from the gel using -agarase from New England Biolabs (Beverly, MA), following the manufacturer's instructions.

The plant binary transformation vector pGPTV-kan (Max-Planck Institut, K1ln, Germany) was digested with Xbal and BamHI. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 1.48 kb nos::nptll fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using f-agarase (New England Biolabs, Beverly, MA), following the manufacturer's instructions. The gel region containing the 13.3 kb fragment was discarded.

The 3.2 kb fragment from pGEM®3Zf(+) and the 1.48 kb nos::nptII fragment were combined in a ligation reaction, using Gibco/BRL's T4 DNA ligase, following manufacturer's instructions to form the intermediate plasmid pAG-411.

Plasmid pAG-411 was digested to completion with HincII and PshAI, both blunt cutters, releasing the 636 bp nos promoter fragment. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 4 kb fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using j-agarase (New England Biolabs, Beverly, MA), following the manufacturer's instructions. The gel region containing the 636 bp nos promoter fragment was discarded.

The 4 kb fragment from pAG-411 and the 259 bp drul promoter fragment from pAG-155 were combined in a ligation reaction, using Gibco/BRL's T4 DNA ligase, following manufacturer's instructions, to form the intermediate vector pAG-431. The nucleotide sequence for the truncated promoter dru259 is presented herein as SEQ ID NO:4.

EXAMPLE 8 Creation of Subclone pAG-421 Containing the drull0 Promoter Construction of plasmid pAG-155, containing the full-length drul promoter is described in Example 7.

A DNA fragment containing 166 bp of the drul promoter was PCR amplified from subclone pAG-155 using primers Drul-118H3 (SEQ ID NO:9) and GFPStartR (SEQ ID NO:10) under the following PCR reaction conditions.

One cycle at 97°C for 3 minutes, after which the AMPLITAQ was added; Two cycles at 97°C for 1 minute, 47 0 C for 1 minute and 72 0 C for 1 minute; cycles at 94°C for 1 minute, 47 0 C for 1 minute and 72°C for 1 minute; One cycle at 72 0 C for 5 minutes, followed by cooling to The 166 bp of the drul promoter fragment was then purified as follows. The PCR reaction mixture was transferred to a light Phase Lock Gel tube (5 Prime to 3 Prime, Boulder, A WO 97/27307 PCT/US97/01275 37 mixed solvent system containing phenol:chloroform:isoamyl alcohol (25:24:1) was added to this tube at a volume equal to the PCR reaction volume. The tube was then spun in a microcentrifuge following the manufacturer's instructions. The upper, aqueous phase was transferred to a Select, spin column (5 Prime to 3 Prime, Boulder, CO.) and the was DNA centrifuged through the column following the manufacturer's instructions. To the eluant 1/10 volume of 3M sodium acetate and 2.5 volumes of ethanol were added, to precipitate the DNA. The sample was incubated on ice for a period of no less than 10 minutes. Following incubation, the sample was microcentrifuged at 4°C for 30 minutes at 14,000 rpm. The supernatant was decanted from the tube and the pellet washed twice with 75% ethanol. The pellet was allowed to dry, followed by resuspension in 31.6 /l H 2 0. This fragment was digested to completion with restriction enzymes HindIII and EcoRV to produce a 112 bp drul promoter fragment. This fragment was purified in the same manner as the PCR product described above.

Creation of subclone pAG-411 containing the nos::nptII cassette is described in Example 7 above.

Plasmid pAG-411 was digested to completion with HindIII and PshAI, releasing a 620 bp nos promoter fragment. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 4 kb fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using 6agarase from New England Biolabs (Beverly, MA), following the manufacturer's instructions. The gel region containing the 420 bp nos promoter fragment was discarded.

The 4 kb fragment from pAG-411 and the 112 bp drul promoter fragment derived from pAG-155 were combined in a ligation reaction, using Gibco/BRL's T4 DNA ligase, following manufacturer's instructions to form the intermediate vector pAG-421. The steps followed in constructing plasmid pAG-421 are represented schematically in Fig. 2.

Example 9 Construction of a Binary Plant Transformation Vector pAG-7342 Containing a dru259::nptlI Chimeric Gene A. Construction of Plasmid pAG-1542 A flow chart summarizing the construction of plasmid pAG-1542 is illustrated in Fig. 17.

Plasmid pAG-1542 was constructed using conventional cloning techniques known in the art (Sambrook, et al., 1989). Subcloning binary vector pAG-1542 contained the nptlII marker gene under the control of the nos promoter located near the left border and the SAMase gene (Ferro, et al., 1995) driven by the tomato E8 promoter (Deikman, et al., 1988; Deikman, et al., 1992) located near the right border.

WO 97/27307 PCT/US97/01275 38 B. Construction of Binary Plant Transformation Vector. pAG-7342 Construction of subclone pAG-431, containing the dru259::nptlI chimeric gene, is described in Example 7.

Plasmid pAG-1542 was digested with HindIII and BamHI. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 13 kb fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using /-agarase from New England Biolabs (Beverly, MA), following the manufacturer's instructions. The gel region containing the 1.46 kb nos::nptlI fragment was discarded.

Plasmid pAG-431 was digested with HindlII and BamHI. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 1.1 kb dru259::nptlI fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using 0-agarase from New England Biolabs (Beverly, MA), following the manufacturer's instructions. The gel region containing the remainder of the plasmid was discarded.

The 13 kb fragment from pAG-1542 and the 1.1 kb dru259::nptlI fragment from pAG-431 were combined in a ligation reaction, using Gibco/BRL's T4 DNA ligase, following manufacturer's instructions to form the binary plant transformation vector pAG-7342.

Construction of binary plant transformation vector pAG-7342 is depicted schematically in Fig. 4.

Example Construction of a Binary Plant Transformation Vector Containing a drullO::notll Chimeric Gene Construction of plasmid pAG-1542 is described in Example 9A.

Construction of subclone pAG-421, containing the dru11O::nptlI chimeric gene, is described in Example 8.

Plasmid pAG-1542 was digested with HindII and BamHI. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 13 kb fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using 0-agarase from New England Biolabs (Beverly, MA), following the manufacture's instructions. The gel region containing the 1.46 kb nos::nptlI fragment was discarded. Plasmid pAG-421 was digested with HindIII and BamHI. The digested plasmid was run on a 1% low melting point agarose gel (SeaPlaque, FMC BioProducts, Rockland, ME). The gel region containing the 0.95 kb dru259::nptlI fragment was cut from the body of the gel. The DNA fragment was then purified away from the gel using 0-agarase from New England I M WO 97/27307 PCT/US97/01275 39 Biolabs (Beverly, MA), following the manufacturer's instructions. The gel region containing the remainder of the plasmid was discarded.

The 13 kb fragment from pAG-1542 and the 0.95 kb drullO::nptlI fragment from pAG-421 were combined in a ligation reaction, using Gibco/BRL's T4 DNA ligase, following manufacturer's instructions to form the binary plant transformation vector pAG-7242. Construction of binary plant transformation vector pAG-7242 is depicted schematically in Fig. 3.

Example 11 Plant Transformation Using Binary Vectors pAG-7242 and pAG-7342 Agrobacterium-based plant transformation using binary vectors pAG-7242 and pAG-7342 containing chimeric drullO::nptII and dru254::nptlI genes, respectively, was carried out using tomato cotyledons as described below for exemplary plasmid pAG-7242.

A cherry tomato line (CH3) obtained from Sunseeds Co. (Morgan Hill, CA) was used as the target for plant transformation experiments. Transformation was carried out using a standard cotyledon-based Agrobacterium co-cultivation method (Fillatti, et al., 1987).

Agrobacterium tumefaciens strain EHA101 (Hood, et al., 1986), a disarmed derivative of Agrobacterium tumefaciens strain C58, was used to introduce coding sequences into plants. This strain contains a T-DNA-less Ti plasmid. The pAG-7242 plasmid was transferred into EHA101 using electroporation essentially as described by Nagel, et al. (1990). Briefly, an Agrobacterium tumefaciens culture was grown to mid-log phase (OD 600 0.5 to 1.0) in MG/L agar media containing tryptone (5 yeast extract (2.5 NaCl (5 mannitol (5 sodium glutamate (1.17 K 2

HPO

4 (0.25 MgSO 4 (0.1 g/l) and biotin (2 adjusted to pH 7.2 by addition of sodium hydroxide.

After cutting off from each end approximately one third of the tomato cotyledon, the middle third was used as the tissue explant. Cotyledon explants were pre-conditioned overnight on tobacco feeder plates (Fillatti, et al., 1987). The pre-conditioned explants were innoculated by placing them in a 20 ml overnight culture of EHA105/pAG-7242 for 15 minutes. The explants were then co-cultivated with EHA105/pAG-7242 for 2 days on tobacco feeder plates as described by Fillatti, et al., (1987).

The explants were grown in tissue culture media containing 2Z media (Fillatti, et al., 1987), Murisheegee and Skoog (MS) salts, Nitsch and Nitsch vitamins, 3% sucrose, 2 mg/1 seatin, 500 mg/1 carbenicillin, 60-200 mg/l kanamycin, and 0.7% agar. The explants were grown in tissue culture for 8 to 10 weeks. The carbenicillin treatments were kept in place for 2 to 3 months in all media. The explants and plants were kept on carbenicillin until they were potted in soil as a counter-selection to rid the plants of viable Agrobacterium tumefaciens cells.

N -M WO 97/27307 PCT/US97/01275 Table 1 presents a summary of the plant transformation experiments, including concentrations of selection agent utilized, and transformation frequencies. Results obtained for plant transformation experiments using the novel raspberry promoters of the present invention are compared to those obtained using binary vectors containing two different strong constitutive promoters, a caulimovirus promoter, the cassava mottle vein virus promoter (CAS) and the promoter. The CAS promoter was obtained from The Scripps Research Institute (La Jolla, CA).

Isolation of the hsp80 promoter, its nucleotide sequence, as well as vector constructions and expression levels of transgenes containing the hsp80 promoter have been described (Brunke and Wilson, 1993).

A comparison of the relative strength of nptlI expression across 10 transgenic events from transformants produced using four of the promoter-nptlI chimeric gene combinations described above is presented in Fig. Example 12 Relative Expression of the nptll Marker Gene in Transgenic Plants Containing Promoters Derived From Raspberry Leaf tissues from 10 separate transgenic events employing vectors pAG7242 and pAG-7342, containing raspberry promoters drull0 and dru254, respectively, were assayed by ELISA to determine nptlI expression levels, according to the manufacturer's Inc., Boulder, CO) recommended protocols for protein extraction and (ii) determination of nptlI expression levels.

Results from the transformation experiments are provided in Tables 1 and 2 below.

The nptlI assay was carried out with a few samples using rooted plants which were available in culture at the time of testing. Thus, not all rooted plants were tested for nptlI expression. The results of the ELISA assay are presented in column (IV) of Table 1 below.

Table 1: Transformation Results (0 (I11) (V) Promoter Selection Cone. of kanamy- Transformation Frequency nptlI cin (mg/1) Expression CAS 200 50% 100% (10/10) 60% 67% (4/6) dru259 200 55% 75% (3/4) 63% 17% (1/6) drull0 90 47% 67% (2/3) 200 30% 100% (1/1) 50% 63% (5/8) 90 27% 100% (1/1) hspBO WO 97/27307 PCT/US97/01275 0) (II) (v) Promoter Selection Cone. of kanamy- Transformation Frequency nptlI cin (mg/1) Expression 200 60% 100% (1/1) In referring to the data presented in Table 1, transformation frequency is defined as the ratio of the number of tissue explants producing regenerated shoots that are capable of rooting in the presence of selection agent (kanamycin) to the total number of initial tissue explants, expressed as a percentage. NptlI expression level, expressed as a percentage, is the ratio of nptII positive plants to the total number of rooted plants tested for nptlI, based upon the results of the ELISA assay described in Example 12. A positive nptII result is an ELISA value greater than background. For example, the first entry under column (IV) indicates that out of 10 events tested for nptII, 10 exhibited positive ELISA results.

Relative expression levels of nptll are presented in Table 2. The data from transgenic plants containing the CAS::nptlI construct are not included in Table 2 due to the high expression levels observed in transformants containing the CAS promoter. Values from the two CAS::nptII events assayed were in excess of 6000 pg/ml of nptll.

The range of expression across events presented in Table 2 below as well as illustrated graphically in Fig. 5 is typical for transgene expression in plants.

Table 2: Expression of nptll (pg/ml) Transgenic Event dru259 drull0 1 1223 523.66 518.1 2 748.7 454.84 324.6 3 687.3 231.64 174 4 332.1 222.34 151.7 294.9 144.22 51.22 6 207.5 107.02 49.36 7 194.4 103.3 34.48 8 79.12 64.24 30.76 9 21.46 51.22 17.74 10.3 38.2 12.16 WO 97/27307 PCT/US97/01275 42 The data above indicate that the exemplary dru259 and drull0 promoters direct lower level expression of genes placed under their control than does the hsp80 promoter. However, these two exemplary raspberry dru promoters are both capable of expressing sufficient levels of nptII to allow selection of transgenic plants.

While the invention has been described with reference to specific methods and embodiments, it will be appreciated that various modifications and changes may be made without departing from the invention.

WO 97127307 PCT/US97/01275 43 SEQUENCE LISTING GENERAL INFORMATION: APPLICANT: Agritope, Inc.

(ii) TITLE OF INVENTION: RASPBERRY PROMOTERS FOR EXPRESSION OF TRANSGENES IN PLANTS (iii) NUMBER OF SEQUENCES: (iv) CORRESPONDENCE ADDRESS: ADDRESSEE: Dehlinger Associates STREET: 350 Cambridge Avenue, Suite 250 CITY: Palo Alto STATE: CA COUNTRY: USA ZIP: 94306 COMPUTER READABLE FORM: MEDIUM TYPE: Floppy disk COMPUTER: IBM PC compatible OPERATING SYSTEM: PC-DOS/MS-DOS SOFTWARE: PatentIn Release Version #1.25 (vi) CURRENT APPLICATION DATA: APPLICATION NUMBER: FILING DATE:

CLASSIFICATION:

(vii) PRIOR APPLICATION DATA: APPLICATION NUMBER: US 08/592,936 FILING DATE: 29-JAN-1996 (viii) ATTORNEY/AGENT INFORMATION: NAME: Evans, Susan T.

REGISTRATION NUMBER: 38,443 REFERENCE/DOCKET NUMBER: 4257-0015 (ix) TELECOMMUNICATION INFORMATION: TELEPHONE: (415) 324-0880 TELEFAX: (415) 324-0960 WO 97/27307 WO 9727307PCT[US97/01275 44 INFORMATION FOR SEQ ID NO:1: SEQUENCE CHARACTERISTICS: LENGTH: 2213 base pairs TYPE: nucleic acid STRANDEDNESS: both TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO is (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: pAG31O insert sequence (dru 1 gene) {xi) SEQUENCE DESCRIPTION: SEQ ID NO:1: ATGCATATCA ACAACTACGA ATAAAGAGAT CAGCCTTTCC

TCGGTGATGA.

TATATAATTC

GGTGTACCGT

AATTCGTTTG

CTCTCGGCGG

TCAGTTGGAA

GACTCTTAGC

CCAAGCTATC

GTTGCATGAA

CCATCTAATT

TTATCATCTT

GTACTAATCA

TTGTTCAAA.A

AAACGTGTTA

TAAGAGGAGA

AATCTTTCTT

AACTTAAGTT

CTAGTGGATC

AAAATGGTCA

TTATTCCTTG

AAAGAAAGAA

TGTTACTGCC

AATATCTACC

TAAACCCCTA

AGCAACCCTA

TATCCTCAGT

TCTTATGGCC

TCAAACCGTG

AGCGTCTAGG

GACACTGTGC

GGTTAGGAAA

GAAAAATTAT

ATTATGATTA

TGATCTTATT

GAATTATATA

CAACGTACTA

CGAATTATGA

AAGTTGTTTC

ACGAACCAAT

TTGGGAACCC

TGCAATGCAC

CCTTTGAAAT

GTATCTGGTG

ACATATTGTG

TAAAATGATA

GATTTGAAAG

TAGTTCATTA

AGCACCCTAG

GCCGATCGAG

AAACAATATA

AAAATTTGAC

CTCTACCTC

AATTCGAGCA

ACCTTGACTA

GATGTTTGAG,

GACCTCCCCA

TTAAAGGGAT

ATCATAAAAA

AGTTCAAATT

CTCCCTTTGC

GAAAGCTCGA

TTGAATTATT

AAATTAATCA

GTTTGATTCA

TTTCACATGC

AGGTAAAAAA

120 180 240 300 360 420 480 540 600 660 720 WO 97/27307 WO 9727307PCTIUS97/01275 AAAAACTTGA CAAATTAATA AATATTAATA TTGATTTTGT ACGTACACGA CTTAACCAAA

CTCTCAATGA

GTTATTATCT

ACTTCTTAAG

AAATGTATAA

GAAGAGTACG

TTACCTAATA

ATAACATACC

AGTATCAATA

GCTGACATTG

GACTGGGAAA

TGTTAGATTG

TAGGGCACC

TATAGAGGGC

CTATCAATTC

GAAACTGAGT

CAAGGATCTT

ATGAAACACG

TTTATTGATT

CAGCCATCAC

TTTTTTCATA

AAACAACAAA

GATCGTTGCT

TAGGGCCAAT

CTTTATTTAA

ATTGAGCTGA

ACATAGGTAG

TCGATCACAA

AAATCTCAGC

CCAAAACTTC

CTGATGGCTC

TTAATTTAGA

CAGTACACAT

GAAGTGGGAA

AATGGGTTGG

ACT CAAAAGA

GFAGGAAGTTG

GATGCCCACT

ATGAAAAGAG

TCTAATATAT

ATCTCAGATG

ATACAGTTTT

TTAACGCCAT

TACTTAATTT

GTTGCTGAGA

TTGAGAGGTA

AACTGTAGTG

CTGATCGATC

GTGCTGATAA

ACCTGCTGAC

TCAAACTGGC

CATTAAGATT

TTATTAACCA

TTTCTGTTTA

CATTCAAGGA

AAGGAGATGT

ATGATGGCAG

CAGATCCAAA

TCATCAAGGC

AGCTAGCCAC

ATATTAATAA4

ATTTTCTTGC

AAAAAAGGGT

AGCTATTTGA

GCAGGCTAGG

TCTAGCATCA

TGTATCCATA

AATTTAACCT

GATCATATAT

TTAAACATGG

AAGTTCTACA

ACCATAACCG

TGGAATTATG

AAGCTGGCTT

TAATTGTTTC

GAAAGTAGAG

GTTCCAGTAT

CAGCATTGCC

TAAGTACATT

ATAAAAGGGA

TATCTACTGC

CGTACGTCTA

AATGAATTGC

ACGTATTGGA

TTTATATATC

TTAATTGACA

ATAATAGGAT

TGTTTTCTGA

TTTCTAAGTT

ATGTACTTAG

TTCTTCAAGG

ACCTCTTCAA

GAGTTGCGGT

CAATAGGTAA

TGAATCACTA

AGTGATTATT

CTAGACGATG

TACAAGAGCT

AAAGTGTCCA

CGCTTGATGA

TATTATAATA

TGGTTTATAA

kTTGGATCAT

CTAAGCTGGC

GCTGGTGATG

CAAAAGGAGA

TCAAATAATT

TTGGCTTGTC

A.ATTAAAATA

CTGCCCATAT

GGTTCTGATC

TAAGGTGGAG

GAGTGAGGCT

GCATGAAGGA

GCCATTATGT

CAATATATAT

TTCTTACAAA

TGAACAAGGC

TCAAGCCCGT

TTGAATATGA

CTAATATCGT

AATCAAGCAT

GTTTAAAGAT

840 900 960 1020 1080 1140 1200 1260 1320 1380 1440 1500 1560 162.0 1680 1740 1800 1860 1920 1980 2040 2100 ACGTTGTAAT GCATGCTTTG TTTGGTTACT TCGTTTTAAT GTCTTGTTAT WO 97/27307 WO 9727307PCT/US97/01275 46 GCACTAATAC CGTCAGTGTA ATAAAAGCTA GTGTGAAAGG ATCTGATATA TTGTGATGTA TCATGTATTC AACTACCAAC TATATATGGT ATCATATTTA TATATCAAAT AAA 2160 2213 INFORMATION FOR SEQ ID NO:2: SEQUENCE CHARACTERISTICS: LENGTH: 1356 base pairs TYPE: nucleic acid STRANDEDNESS: double TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: Exemplary full length drul promoter sequence (xi) SEQUENCE DESCRIPTION: SEQ ID NO:2: ATGCATATCA ACAACTACGA ATAAAGAGAT CAGCCTTTCC GTATCTGGTG GATGTTTGAG

TCGGTGATGA

TATATAATTC

GGTGTACCGT

AATTCGTTTG

CTCTCGGCGG

TCAGTTGGAA

GACTCTTAGC

CCATCTAATT

TTATCATCTT

GTACTAATCA

TTGTTCAAAA

AAACGTGTTA

TAAGAGGAGA

AATCTTTCTT

AACTTAAGTT

CTAGTGGATC

AAAGAAAGAA

TGTTACTGCC

AATATCTACC

TAAACCCCTA

AGCAACCCTA

TATCCTCAGT

TCTTATGGCC

TCAAACCGTG

AGCGTCTAGG

GAAAAATTAT

ATTATGATTA

TGATCTTATT

GAATTATATA

CAACGTACTA

CGAATTATGA

AAGTTGTTTC

ACGAACCAAT

TTGGGAACCC

ACATATTGTG

TAAAATGATA

GATTTGAAAG

TAGTTCATTA

AGCACCCTAG

GCCGATCGAG

AAACAATATA

AAAATTTGAC

CTCTACCTGC

GACCTCCCCA

TTAAAGGGAT

ATCATAAAAA

AGTTCAAATT

CTCCCTTTGC

GAAAGCTCGA

TTGAATTATT

AAATTAATCA

GTTTGATTCA

120 180 240 300 360 420 480 540 600 WO 97/27307 WO 9727307PCTIUS97/01275

CCAAGCTATC

GTTGCATGAA

CTCTCAATGA

TCATGATCTA

GTTATTATCT

ACTTCTTAAG

1SAAATGTATA.A

GAAGAGTACG

GATCGATCAT

TTACCTAATA

ATAACATACC

AAAATGGTCA

TTATTCCTTG

CAAATTAATA

TTTATTGATT

CAGCCATCAC

TTTTTTCATA

AAACAACAAA

GATCGTTGCT

TAGGGCCAAT

CTTTATTTAA

ATTGAGCTGA

ACATAGGTAG

TCGATCACAA

GACACTGTGC

GGTTAGGAAA

AATATTAATA

TCTAATATAT

ATCTCAGATG

ATACAGTTTT

TTAACGCCAT

TACTTAATTT

GTTGCTGAGA

TTGAGAGGTA

AACTGTAGTG

CTGATCGATC

GTCCTGATA.A

TGCAATGCAC

CCTTTGAAAT

TTGATTTTGT

ATATTAATAA

ATTTTCTTGC

AAAAAAGGGT

AGCTATTTGA

GCAGGCTAGG

TCTAGCATCA

TGTATCCATA

AATTTAACCT

GATCATATAT

TTAAAC

AATTGGAGCA

ACCTTGACTA

ACGTACACGA

CGTACGTCTA

AATGAATTGC

ACGTATTGGA

TTTATATATC

TTAATTGACA

ATAATAGGAT

TGTTTTCTGA

TTTCTAAGTT

ATGTACTTAG

TTTCACATGc

AGGTAAAAAA

CTTAACCAAA

ATTGGATCAT

CTAAGCTGGC

GCTGGTGATG

CAAAAGGAGA

TCAAATAATT

TTGGCTTGTC

AATTAAAATA

CTGCCCATAT

GGTTCTGATC

660 720 780 840 900 960 1020 1080 1140 1200 1260 1320 1356 INFORMATION FOR SEQ ID NO:3: SEQUENCE CHARACTERISTICS: LENGTH: 112 base pairs TYPE: nucleic acid STRANDEDNESS: double TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: drullO promoter sequence (minus 112 region from start codon) WO 97/27307 PCT/US97/01275 48 (xi) SEQUENCE DESCRIPTION: SEQ ID NO:3: TAAGTTCTGC CCATATATAA CATACCACAT AGGTAGCTGA TCGATCGATC ATATATATGT SACTTAGGGTT CTGATCAGTA TCAATATCGA TCACAAGTGC TGATAATTAA AC 112 INFORMATION FOR SEQ ID NO:4: SEQUENCE CHARACTERISTICS: LENGTH: 259 base pairs TYPE: nucleic acid STRANDEDNESS: double TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: Dru259 promoter sequence (minus 259 region from start codon) (xi) SEQUENCE DESCRIPTION: SEQ ID NO:4: AATGTTGCTG AGATCTAGCA TCAATAATAG GATTTGGCTT GTCGATCGAT CATCTTTATT GTATGTATCC ATATGTTTTC TGAAATTAAA ATATTACCTA ATAATTGAGC 120 TGAAACTGTA GTGAATTTAA CCTTTTCTAA GTTCTGCCCA TATATAACAT ACCACATAGG 180 TAGCTGATCG ATCGATCATA TATATGTACT TAGGGTTCTG ATCAGTATCA ATATCGATCA 240 CAAGTGCTGA TAATTAAAC 259 40(2) INFORMATION FOR SEQ ID SEQUENCE CHARACTERISTICS: LENGTH: 24 base pairs TYPE: nucleic acid STRANDEDNESS: single WO 97/27307 PCT/US97/01275 49 TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: primer DruInvUp (xi) SEQUENCE DESCRIPTION: SEQ ID TGA ATG GGT TGG AAG GAG ATG TGT 24 INFORMATION FOR SEQ ID NO:6: SEQUENCE CHARACTERISTICS: LENGTH: 24 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: primer DruInvLow (xi) SEQUENCE DESCRIPTION: SEQ ID NO:6: GTG CCA GTT TGA GAA GTT TTG 24 INFORMATION FOR SEQ ID NO:7: SEQUENCE CHARACTERISTICS: LENGTH: 23 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA c WO 97/27307 PCT/US97/01275 (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: 5' primer DrupeUp (xi) SEQUENCE DESCRIPTION: SEQ ID NO:7: GTC TAG ATA TCA GCA CTT GT 23 INFORMATION FOR SEQ ID NO:8: SEQUENCE CHARACTERISTICS: LENGTH: 19 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: 3' primer, DrupeLow (xi) SEQUENCE DESCRIPTION: SEQ ID NO:8: TGA ATC ACG ATG AAA AGA G 19 INFORMATION FOR SEQ ID NO:9: SEQUENCE CHARACTERISTICS: LENGTH: 18 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO WO 97/27307 PCT/US97/01275 51 (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: PCR reaction primer Drul-118H3 (xi) SEQUENCE DESCRIPTION: SEQ ID NO:9: CGC AAG CTT TTC TAA GTT 18 INFORMATION FOR SEQ ID SEQUENCE CHARACTERISTICS: LENGTH: 21 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: PCR reaction primer, GFPStartR (xi) SEQUENCE DESCRIPTION: SEQ ID GTT CTT CTC CTT TAC TCA TCT 21 30(2) INFORMATION FOR SEQ ID NO:11: SEQUENCE CHARACTERISTICS: LENGTH: 30 amino acids TYPE: amino acid TOPOLOGY: linear (ii) MOLECULE TYPE: protein (iii) HYPOTHETICAL: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: amino terminal drupel sequence (xi) SEQUENCE DESCRIPTION: SEQ ID NO:11: WO 97/27307 PCT/US97/01275 52 Val Leu Gin Gly Lys Val Glu Ala Asp Ile Glu Ile Ser Ala Pro Ala 1 5 10 Ala Lys Phe Tyr Asn Leu Phe Lys Ser Glu Ala Xaa Trp Val 20 25 INFORMATION FOR SEQ ID NO:12: SEQUENCE CHARACTERISTICS: LENGTH: 30 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: dTRANDOM primer (xi) SEQUENCE DESCRIPTION: SEQ ID NO:12: TAGGCTCGTA GACTCTTTTT TTTTTTTTTT INFORMATION FOR SEQ ID NO:13: SEQUENCE CHARACTERISTICS: LENGTH: 7 amino acids TYPE: amino acid TOPOLOGY: linear (ii) MOLECULE TYPE: peptide (iii) HYPOTHETICAL: NO FRAGMENT TYPE: internal (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: drul partial amino acid sequence WO 97/27307 PCT/US97/01275 53 (xi) SEQUENCE DESCRIPTION: SEQ ID NO:13: Gin Gly Lys Val Glu Ala Asp INFORMATION FOR SEQ ID NO:14: SEQUENCE CHARACTERISTICS: LENGTH: 20 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: reverse translated sequence of SEQ ID NO:l, 3' PCR primer (xi) SEQUENCE DESCRIPTION: SEQ ID NO:14: CARGGNAARG TNGARCGNGA INFORMATION FOR SEQ ID SEQUENCE CHARACTERISTICS: LENGTH: 18 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: 5' PCR primer, DrupeRAN18 WO 97127307 WO 9727307PCT/US97/01275 54 (xi) SEQUENCE DESCRIPTION: SEQ ID TAGGCTCGTA GACTCTTT 5(2) INFORMATION FOR SEQ ID NO:16: SEQUENCE CHARACTERISTICS: LENGTH: 751 base pairs TYPE: nucleic acid STRANDEDNESS: double TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: pAG3O1 insert, drul cONA clone (xi) SEQUENCE DESCRIPTION: SEQ ID NO:16: TGGAGGCTGA CATTGAAATC TCAGCACCTG CTGACAAGTT CTACAACCTC

TTCAAGAGTG

GCGGTGCATG

GAGGGCGAAG

ATTCTGAATG

CTGAGTGAGG

GATCTTGATG

AACACGATGA

ATGTGAACGT

AGGCTCACCA

AAGGAGACTG

TGGGAACATT

GGTTGGAAGG

AAAAGAATGA

AAGTTGCAGA

CCCACTTCAT

AAAGAGAGCT

TGTAATGCAT

AGTGTAATAA

CGTCCCCAAA

GGAAACTGAT

CAAGGAGAAA

AGATGTGTTC

TGGCAGCAGC

TCCAAATAAG

CAAGGCATAA

AGCCACTATC

GCTTTGTTTG

AAGCTAGTGT

ACTTCTCAAA

GGCTCCATTA

GTAGAGCTAG

CAGTATTACA

ATTGCCAAAG

TACATTCGCT

AAGGGATATT

TACTGCTGGT

GTTACTTCGT

GAAAGGATCT

CTGGCACCAT

AGATTTGGAA

ACGATGTGAA

AGAGCTTCAA

TGTCCATTGA

TGATGACTAA

ATAATAAATC

TTATAAGTTT

TTTAATGTCT

GATATATTGT

AACCGGAGTT

TTATGCAATA

CAAGGCAATA

GCCCGTCTAT

ATATGAGAAA

TATCGTCAAG

AAGCATATGA

AAAGATAATC

TGTTATGCAC

GATGTATCAT

120 180 240 300 360 420 480 540 600 660 WO 97/27307 PCT/US97/01275 GTATTCAACT ACCAACTATA TATGGTATCA TATTTATATA TCAAATAAAT TAATGTGAAA 720 AAAAAAAAAA AAAAAAAGAG TCTACGAGCC T 751 5(2) INFORMATION FOR SEQ ID NO:17: SEQUENCE CHARACTERISTICS: LENGTH: 18 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: DruGen 5' primer (xi) SEQUENCE DESCRIPTION: SEQ ID NO:17: CTGACATT 18 INFORMATION FOR SEQ ID NO:18: SEQUENCE CHARACTERISTICS: LENGTH: 22 base pairs TYPE: nucleic acid STRANDEDNESS: single TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: DruGen 3' primer (xi) SEQUENCE DESCRIPTION: SEQ ID NO:18: WO 97/27307 WO 9727307PCTIUS97/01275 56 CTGACGGTAT TAGTGCATAA CA INFORMATION FOR SEQ ID NO:19: SEQUENCE CHARACTERISTICS: LENGTH: 745 base pairs TYPE: nucleic acid STRANDEDNESS: double TOPOLOGY: linear (ii) MOLECULE TYPE: DNA (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: pAG3O2, drul genomic clone (xi) SEQUENCE DESCRIPTION: SEQ ID, NO:19: AAGGTGGAGG CTGACATTGA AATCTCAGCA CCTGCTGACA AGTTCTACAA CCTCTTCAAG

CATGAAGGAG

CCATTATGTT

AATATATATT

TCTTACAAAT

CAAGCCCGTC

TGAATATGAG

TAATATCGTC

ATCAAGCATA

4 5TTTAAAGATA

ACCACGTCCC

ACTGGGAAAC

GTTAGATTGT

AGGGCACGCC

ATAGAGGGCG

ATAATTCTGA

TATCAATTCA

AAACTGAGTG

AAGGATCTTG

TGAAACACGA

ATCATGTGAA

CAAAACTTCT

TGATGGCTCC

TAATTTAGAT

AGTACAGATT

AAGTGGGAAC

ATGGGTTGGA

CTCAAAAGAA

AGGAAGTTGC

ATGCCCACTT

TGAAAAGAGA

CGTTGTAATG

CAAACTGGCA

ATTAAGATTT

TATTAACCAA

TTCTGTTTAT

ATTCAAGGAG

AGGAGATGTG

TGATGGCAGC

AGATCCAAAT

CATCAAGGCA

GCTAGCCACT

CATGCTTTGT

CCATAACCGG

GGAATTATGC

AGCTGGCTTT

AATTGTTTCA

AAAGTAGAGC

TTCCAGTATT

AGCATTGCCA

AAGTACATTC

TAAAAGGGAT

ATCTACTGCT

TTGGTTACTT

AGTTGCGGTG

AATAGGTAAG

GAATCACTAC

GTGATTATTT

TAGACGATGT

ACAAGAGCTT

AAGTGTCCAT

GCTTGATGAC

ATTATAATAA

GGTTTATAAG

CGTTTTAATG

120 180 240 300 360 420 480 540 600 660 720 WO 97/27307 WO 9727307PCT/US97/01275 57 TCTTGTTATG CACTAATACC GTCAG INFORMATION FOR SEQ ID SEQUENCE CHARACTERISTICS: LENGTH: 152 amino acids TYPE: amino acid TOPOLOGY: linear (ii) MOLECULE TYPE: protein (iii) HYPOTHETICAL: NO (iv) ANTI-SENSE: NO (vi) ORIGINAL SOURCE: INDIVIDUAL ISOLATE: predicted amino acid coding sequence of drul (xi) SEQUENCE DESCRIPTION: SEQ ID Met Val Leu Gln Gly Lys Val Giu Ala Asp Ile Giu Ile Ser Ala Tyr Asp Lys Phe Aen Leu Phe Lys 25 Thr Ser Giu Ala His His His Ala Pro Val Pro Giu Gly Lys Thr Ser Asp Trp Giu Gin Thr Gly Thr Ile 40 Ile Gly Val Ala Val Tyr Thr Asp Gly Ser Lys Lys Ile Trp Ala Ile Glu Gly Lys Giu Val Gly Thr Phe 70 Asn Giu Lys Vai Asp Asp Val Asn Ala Ile Ile Leu Pro Gly Leu Giu Gly 90 Thr Val Phe Lys Ser Phe Ser Ile Ala 115 Val Tyr Gin Phe 105 Ser Ile Giu Tyr 120 Gin Lye Asn Gin Tyr Tyr Asp Gly Ser 110 Glu Giu Val Val Giu Lye Leu WO 97/27307 PCT[US97/01275 58 Ala Asp Pro Asn Lys Tyr Ile Arg Leu Met Thr Asn Ile Val Lys Asp 130 135 140 Leu Asp Ala His Phe Ile Lys Ala 145 150

Claims (25)

1. A chimeric gene expressible in plant cells, including: a raspberry drul promoter having at least about 80% sequence identity to SEQ ID NO:2 or a contiguous fragment derived from SEQ ID NO:2, characterized by its ability to confer constitutive expression in plant cells, operably linked to a heterologous DNA coding sequence.

2. The chimeric gene of claim 1, where said heterologous DNA sequence encodes a polypeptide which confers antibiotic-resistance to transformed plant cells expressing said polypeptide.

3. The chimeric gene of claim 2, wherein said polypeptide is selected from the group consisting of neomycin phosphotransferase, hygromycin S 15 phosphotransferase, and bromoxynil-specific nitrilase.

4. The chimeric gene of claim 1, were said heterologous DNA sequence encodes a polypeptide which confers herbicide resistance to transformed plant cells expressing said polypeptide.

5. The chimeric gene of claim 1, where said heterologous DNA sequence includes a nptII gene. *o

6. The chimeric gene of any one of claims 1 to 5, wherein said promoter 25 has at least about 80% sequence identity to SEQ ID NO: 3.

7. The chimeric gene of any one of claims 1 to 5, wherein said promoter has at least about 80% sequence identity to SEQ ID NO:4.

8. The chimeric gene of any one of claims 1 to 5, wherein said promoter includes SEQ ID NO:3.

9. The chimeric gene of any one of claims 1 to 5, wherein said promoter includes SEQ ID NO:4. A plant cell including the chimeric gene of any one of claims 1-9.

11. A plant transformation vector containing the chimeric gene of any one of claims 1-9.

12. A transgenic plant containing the chimeric gene of any one of claims 1- 9.

13. A raspberry drul promoter having at least about 80% sequence identity to SEQ ID NO:2 or a continuous fragment derived from SEQ ID NO:2, characterized by its ability to confer constitutive expression in plant cells.

14. A promoter of claim 13 having at least about 80% sequence identity to SEQ ID NO:3. 15 15. A promoter of claim 13 having at least about 80% sequence identity to SEQ ID NO:4.

16. A promoter of claim 13 including SEQ ID NO:3.

17. A promoter of claim 13 including SEQ ID NO:3.

18. A DNA construct including a promoter of any one of claims 13-17.

19. A method for producing a transgenic plant, including: 25 transforming progenitor cells of a plant with a chimeric gene of any one of claims 1-9 to produce transformed progenitor cells, and growing the transformed progenitor cells to produce a transgenic plant. A method for providing expression of a selectable marker gene in a transgenic plant, including: transforming progenitor cells of a plant with the chimeric gene of claim 1, wherein said DNA sequence includes a selectable marker gene encoding a product whose expression confers to transformed plant cells the ability to grow in the presence of an antibiotic selection agent, selecting transformed plant cells containing said chimeric gene by their ability to grow in the presence of the selection agent, 61 regenerating transformed plant cells selected in to provide a differentiated plant, and selecting a transformed plant which expresses said product.

21. The method of claim 20, wherein said transforming step is carried out by a transformation methodology selected from the group consisting of Agrobacterium-based transformation, electroporation, microinjection and microprojectile bombardment.

22. The method of claim 20 or claim 21, where the selection agent is selected from the group consisting of hygromycin, geneticin, and kanamycin.

23. The method of any one of claims 20 to 22, where said selectable marker gene is selected from the group consisting of a neomycin 15 phosphotransferase (npt) gene, a hygromycin phosphotransferase (hpt) gene, and a bromoxynil-specific nitrilase (bxn) gene. S

24. The method of any one of claims 20 to 23, wherein the chimeric gene in said transforming step includes a promoter of any one of claims 14 to 17.

25. A kit for transforming plants including the plant transformation vector of claim 11.

26. A kit for providing expression of a selectable marker gene in a 25 transgenic plant, including a plant transformation vector containing the chimeric gene of claim 2.

27. The kit of claim 26, wherein said heterologous DNA sequence encodes a neomycin phosphotransferase.

28. The kit of claim 26 or claim 27, including a promoter of any one of claims 14 to 17. Dated this sixth day of September 1999. AGRITOPE, INC. Patent Attorneys for the Applicant: FB RICE CO p a 9. 9 9 S 9 999 9. 5 9 9 9 9 9. S 995 p S 99 S. O5 9 p 599 9 5* 5959 9 9* 94