CA3091704A1 - Tomato variety nun 09248 tof - Google Patents

Abstract

ABSTRACT
The disclosure provides a new and distinct hybrid tomato variety NUN 09248 TOF
as well as seeds and plants and fruits thereof NUN 09248 TOF is a cherry saladette (grape) tomato variety for the fresh market (snack segment), comprising resistance to Fulvia fulva Groups A-E
and Tomato Mosaic Virus (ToMV) Strains 0, 1, 2, and 1-2.
Date Recue/Date Received 2020-08-31

Description

FIELD OF THE DISCLOSURE
[1] The disclosure relates to the field of plant breeding and, more specifically, to the tomato variety NUN 09248 TOF. The disclosure further relates to vegetative reproductions of tomato variety NUN 09248 TOF, methods for tissue culture of tomato variety NUN 09248 TOF, methods for regenerating a plant from such a tissue culture, and to phenotypic variants of tomato variety NUN 09248 TOF.
BACKGROUND

[2] The goal of plant breeding is to combine various desirable traits in a single variety. Such desirable traits may include greater yield, resistance to diseases, insects or other pests, tolerance to heat and drought, better agronomic quality, higher nutritional value, enhanced growth rate and improved fruit properties.
1131 Breeding techniques take advantage of a plant's method of pollination.
There are two general methods of pollination: self-pollination and cross-pollination. A
plant self-pollinates if pollen from one flower is transferred to the same or another flower of the same genotype. A plant cross-pollinates if pollen comes to it from a flower of a different genotype.
[4] Plants that have been self-pollinated and selected for (uniform) type over many generations become homozygous at almost all gene loci and produce a uniform population of true breeding progeny of homozygous plants. A cross between two such homozygous plants of different lines produces a uniform population of hybrid plants that are heterozygous for many gene loci. The extent of heterozygosity in the hybrid is a function of the genetic distance between the parents.
Conversely, a cross of two plants each heterozygous at a number of loci produces a segregating population of hybrid plants that differ genetically and are not uniform. The resulting non-uniformity makes performance unpredictable.
151 The development of uniform varieties requires the development of homozygous inbred plants, the crossing of these inbred plants to make hybrids, and the evaluation of the hybrids resulting from the crosses. Pedigree breeding and recurrent selection are examples of breeding methods that have been used to develop inbred plants from breeding populations. Those breeding Date Recue/Date Received 2020-08-31 methods combine the genetic backgrounds from two or more plants or various other broad-based sources into breeding pools from which new lines are developed by selfing and selection of desired phenotypes. The new plants are evaluated to determine which have commercial potential.
[6] Tomato (Solanum lycopersicum and closely related species) is naturally a diploid and the basic chromosome number of the genus is x=12, most are 2n=2x=24, including the cultivated ones.
It originated in the New World and has since become a major food crop.
[7] Tomato cultivars may be grouped by maturity, i.e., the time required from planting the seed to the stage where fruit harvest can occur. Standard maturity classifications include 'early', `midseason' or late-maturing'. Another classification for tomatoes is the developmental timing of fruit set. 'Determinate' plants grow foliage, then transition into a reproductive phase of flower setting, pollination and fruit development. Consequently, determinant cultivars have a large proportion of the fruit ripen within a short time frame. Growers that harvest only once in a season favor determinant type cultivars. In contrast, 'indeterminate' types grow foliage, then enter a long phase where flower and fruit development proceed along with new foliar growth.
Growers that harvest the same plants multiple times favor indeterminate type cultivars.
[8] Tomatoes can also be classified by their target markets: fresh market and processing tomatoes. Fresh-market tomatoes are primarily used for salads, salad bar and sandwiches, and require good storage properties. On the other hand, processing tomatoes generally requires red colored and pink to red/crimson fruit flesh and higher percentage of soluble solids. Processing tomatoes can be canned whole, canned, diced or chopped, dried, roasted, pasted, puréed or concentrated, juiced, frozen, or put into ready- made dishes, for example, sauces, stews or soups.
[9] In 2017, World Atlas reported that the worldwide production of tomatoes amounted to 170.8 million tons. United States is ranked as the third largest producer of tomatoes in the world, next to China and India. Tomatoes are available in the United States year-round, with California and Florida being the major producers. Fresh-market tomatoes are available from May to December although supply peaks in July and in September through October.
Processing tomatoes have the greatest supply from August to September.
[10] In response to more recent consumer demands for dietary diversity, tomato breeders have developed a wider range of colors. In addition to expanding the range of red colored fruits, there Date Recue/Date Received 2020-08-31 are cultivars that produce fruits that are creamy white, lime green, yellow, green, golden, orange and purple. Additionally, there are multi-colored varieties exemplified by mainly red fruited varieties with green shoulders, and both striped- and variegated-colored fruit.
SUMMARY OF VARIOUS ASPECTS OF THE DISCLOSURE
[11] The disclosure provides for tomato variety NUN 09248 TOF, products thereof, and methods of using the same. NUN 09248 TOF is a red cherry saladette (grape) tomato variety for the fresh market (snack segment) and is suitable for growing in a protected (greenhouse) environment.
[12] In another aspect, the disclosure provides a seed of tomato variety NUN
09248 TOF, wherein a representative sample of said seed has been deposited under Accession Number NCIMB
43643. The disclosure also provides for a plurality of seeds of tomato variety NUN 09248 TOF.
The seed of tomato variety NUN 09248 TOF may be provided as an essentially homogeneous population of tomato seed. The population of seed of tomato variety NUN 09248 TOF may be particularly defined as being essentially free from other seed. The seed population may be grown into plants to provide an essentially homogeneous population of tomato plants as described herein.
[13] The disclosure also provides a plant grown from a seed of tomato variety and a plant part thereof In another aspect, the disclosure provides for a hybrid tomato variety NUN
09248 TOF. The disclosure also provides for a progeny of tomato variety NUN
09248 TOF. In another aspect, the disclosure provides a plant or a progeny retaining all or all but one, two, or three of the "distinguishing characteristics" or all or all but one, two or three of the "morphological and physiological characteristics" of tomato variety NUN 09248 TOF and methods for producing that plant or progeny.
[14] In another aspect, the disclosure provides a plant or a progeny having all the physiological and morphological characteristics of tomato variety NUN 09248 TOF when grown under the same environmental conditions. In another aspect, the plant or progeny has all or all but one, two, or three of the physiological and morphological characteristics of tomato variety when measured under the same environmental conditions and e.g., evaluated at significance levels of 1%, 5% or 10% significance (which can also be expressed as a p-value) for quantitative characteristics and determined by type or degree for non-quantitative characteristics, wherein a

3 Date Recue/Date Received 2020-08-31 representative sample of seed of tomato variety NUN 09248 TOF has been deposited under Accession Number NCIMB 43643. In another aspect, the plant or progeny has all or all but one, two or three of the physiological and morphological characteristics as listed in Tables 1 and 2 for variety NUN 09248 TOF when measured under the same environmental conditions and e.g., evaluated at significance levels of 1%, 5% or 10% significance (which can also be expressed as a p-value) for quantitative characteristics and determined by type or degree for non-quantitative characteristics.
[15] In another aspect, the plant of variety NUN 09248 TOF or a progeny thereof has 7, 8, or more or all of the following distinguishing characteristics as shown in Table 3: 1) longer plant height; 2) semi-drooping leaf attitude; 3) broader leaf width; 4) smaller size of leaflets (in middle of leaf); 5) equally uniparous and multiparous inflorescence type; 6) lighter intensity of green color of shoulder before maturity; 7) heavier ripened fruit weight; 8) stronger fruit ribbing at peduncle end; and 9) stronger depression at peduncle end.
[16] In another aspect, the plant of variety NUN 09248 TOF or a progeny thereof comprises resistance to Fulvia fulva Groups A-E and Tomato Mosaic Virus (ToMV) Strains 0, 1, 2, and 1-2, measured according to UPOV standards described in TG/44/11.
[17] In another aspect, the disclosure provides for a plant part obtained from tomato variety NUN 09248 TOF, wherein said plant part is: a fruit, a harvested fruit, a part of a fruit, a leaf, a part of a leaf, pollen, an ovule, a cell, a petiole, a shoot or a part thereof, a stem or a part thereof, a root or a part thereof, a root tip, a cutting, a seed, a part of a seed, seed coat or another maternal tissue which is part of a seed grown on said variety, a hypocotyl, a cotyledon, a scion, a stock, a rootstock, a pistil, an anther, or a flower or a part thereof Fruits are particularly important plant parts. In another aspect, the plant part obtained from tomato variety NUN 09248 TOF is a cell, optionally a cell in a cell or tissue culture. That cell may be grown into a plant of variety NUN 09248 TOF.
[18] The disclosure also provides a cell culture of tomato variety NUN 09248 TOF and a plant regenerated from tomato variety NUN 09248 TOF, wherein plant has all the characteristics of variety NUN 09248 TOF when grown under the same environmental conditions, as well as methods for culturing and regenerating tomato variety NUN 09248 TOF.
Alternatively, a regenerated plant may have one characteristic that is different from tomato variety NUN 09248 TOF.

4 Date Recue/Date Received 2020-08-31 [19] The disclosure further provides a vegetatively propagated plant of variety NUN 09248 TOF
having all or all but one, two, or three of the morphological and physiological characteristics of tomato variety NUN 09248 TOF when grown under the same environmental conditions.
[20] The disclosure furthermore provides a tomato fruit produced on a plant grown from a seed of tomato variety NUN 09248 TOF.
[21] In another aspect, the disclosure provides a seed growing or grown on a plant of variety NUN 09248 TOF (i.e., produced after pollination of the flower of tomato variety NUN 09248 TOF).
[22] The invention as claimed relates to:
1. A cell of tomato plant variety NUN 09248 TOF, or a cell of a part thereof, wherein the representative sample of seed of said tomato variety is deposited under Accession Number 43643.
2. A cell of a seed of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number 43643.
3. A cell of a plant or a cell of a part thereof, produced by growing the seed as defined in embodiment 2.
4. A cell of a seed that produces the plant as defined in embodiment 1.

5. A cell of a plant part of embodiment 1, wherein the plant part is a leaf, pollen, an ovule, a fruit, a scion, a root, a rootstock, a cutting, or a flower.

6. The cell of a plant part of embodiment 5, when the plant part is a fruit or part thereof

7. A cell of a tomato plant having all of the physiological and morphological characteristics of the tomato plant as defined in embodiment 1.

8. A cell of a tomato plant or a cell of a part thereof, which does not differ from the physiological and morphological characteristics of the plant of tomato variety NUN
09248 TOF listed in Table 1, when grown under the same environmental conditions, Date Recue/Date Received 2020-08-31 and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

9. A tissue or cell culture of regenerable cells of the plant as defined in embodiment 1.

10. The tissue or cell culture according to embodiment 9, comprising cells or protoplast from a plant part, wherein the plant part is a meristem, a cotyledon, a hypocotyl, a pollen, a leaf, an anther, a root, a root tip, a pistil, a petiole, a flower, a fruit, a stalk, or a stem.

11. A cell of a tomato plant regenerated from the tissue or cell culture of embodiment 9, wherein the plant has all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said variety is deposited under Accession Number NCIMB 43643.

12. A cell of a tomato plant produced by vegetatively propagating at least a part of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

13. The cell of embodiment 12, wherein said vegetative propagation comprises regenerating a whole plant from said part of the plant of tomato variety NUN

TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

14. The cell of embodiment 12, wherein said part is a cutting, a cell culture, or a tissue culture.

15. A cell of a vegetatively propagated tomato plant, or a cell of a part thereof, wherein the plant or part thereof have all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

Date Recue/Date Received 2020-08-31

16. A cell of a tomato plant produced by a method comprising crossing the plant as defined in embodiment 1 with a second tomato plant at least once, and selecting a progeny tomato plant from said crossing and optionally allowing the progeny tomato plant to form seed.

17. A cell of a tomato plant produced by a method comprising selfing the plant as defined in embodiment 1 one or more times, and selecting a progeny tomato plant from said selfing selfing and optionally allowing the progeny tomato plant to form seed.

18. A cell of a tomato plant produced by a method comprising crossing tomato plants and harvesting the resultant seed, wherein at least one tomato plant is the plant as defined in embodiment 1, wherein a representative sample of seed of said tomato variety NUN
09248 TOF is deposited under NCIMB Accession Number 43643.

19. A cell of the tomato seed produced by the method as defined in embodiment 18.

20. A cell of the tomato plant or a cell of part thereof produced by a method comprising growing the seed as defined in embodiment 19.

21. A cell of a tomato plant having one physiological or morphological characteristic which is different from those of the plant as defined in embodiment 1, and which otherwise has all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

22. A cell of a single locus converted plant of tomato variety NUN 09248 TOF, wherein the plant has otherwise all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF when grown under the same environmental conditions, wherein the single locus is introduced by genetic transformation, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

Date Recue/Date Received 2020-08-31

23. The cell of embodiment 22, wherein the single locus conversion confers yield, size, compactness, dry matter content, firmness, flavor, fruit quality, enhanced nutritional quality, post-harvest quality, storage properties, color, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, Powdery mildew resistance without necrosis, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism, or ripening.

24. A cell of a doubled haploid tomato plant produced by a method of making doubled haploids from haploid cells made from the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

25. A cell of a tomato plant produced by a method comprising transforming the plant of tomato variety NUN 09248 TOF with a transgene that confers the desired trait, wherein the transformed plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF and contains the desired trait, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

26. The cell of embodiment 25, wherein the desired trait is the desired trait is yield, size, compactness, dry matter content, firmness, flavor, fruit quality, enhanced nutritional quality, post-harvest quality, storage properties, color, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, Powdery mildew resistance without necrosis, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism, or ripening.

27. A cell of a tomato plant having a trait, produced by a method comprising mutating a plant or plant part tomato variety NUN 09248 TOF and selecting a mutated plant with a desired trait, wherein the mutated plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

Date Recue/Date Received 2020-08-31

28. The cell of embodiment 27, wherein the desired trait is yield, size, compactness, dry matter content, firmness, flavor, fruit quality, enhanced nutritional quality, post-harvest quality, storage properties, color, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, Powdery mildew resistance without necrosis, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism, or ripening.

29. A cell of a tomato plant produced by a method comprising growing a plant as defined in embodiment 1 until it sets at least one fruit and collecting the fruit.

30. A method of determining the genotype of the plant as defined in embodiment 1, comprising obtaining a sample of nucleic acids form said plant and detecting in said nucleic acids a plurality of polymorphisms, thereby determining the genotype of the plant and storing the results of detecting the plurality of polymorphisms on a computer readable medium.

31. A method comprising packaging seeds as defined in embodiment 2 in a container.

32. A method comprising packaging a tomato fruit as defined in embodiment 5 in a container.

33. Use of a tomato plant as defined in embodiment 1 as a scion or a rootstock.

34. Use of a tomato fruit or part thereof as defined in embodiment 5 as a food, a feed product, or a processed product, or to produce a food, a feed, or a processed product.

35. Use of a tomato plant variety NUN 09248 TOF, or a part thereof, for producing a seed, a crop, or a food or a processed product, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

36. Use of a seed of tomato variety NUN 09248 TOF, for producing tomato plants, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

Date Recue/Date Received 2020-08-31

37. Use of a tomato plant having all of the physiological and morphological characteristics of the tomato plant as defined in embodiment 1 for producing a seed, a crop, or a food or a processed product.

38. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant or a part thereof which does not differ from the physiological and morphological characteristics of tomato variety NUN 09248 TOF CUL listed in Table 1, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

39. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant regenerated from the tissue or cell culture as defined in embodiment 9, wherein the plant has all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

40. Use of a vegetatively propagated plant to produce a seed, a crop, or a food or a processed product, wherein the vegetatively propagated plant has all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB
43643.

41. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant produced by crossing a plant as defined in embodiment 1 with a second tomato plant at least once, and selecting a progeny tomato plant from said crossing and optionally allowing the progeny tomato plant to form seed.

42. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant produced by selfing the plant as defined in embodiment 1 one or more times, and selecting a progeny tomato plant from said selfing and optionally allowing the progeny tomato plant to form seed.
Date Recue/Date Received 2020-08-31

43. Use of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, to cross with a second tomato plant.

44. Use of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, and a second tomato plant to produce a tomato seed.

45. Use of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, and a second tomato plant to produce a descendant plant.

46. Use of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, to breed a tomato plant.

47. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant having one physiological or morphological characteristic which is different from those of the plant as defined in embodiment 1, and which otherwise has all of the physiological and morphological characteristics of the plant of tomato variety NUN
09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

48. Use, for producing a seed, a crop, or a food or a processed product, of a single locus converted plant, wherein the plant has otherwise all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF
when grown under the same environmental conditions, wherein the single locus is introduced by genetic transformation, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

49. Use of tomato variety NUN 09248 TOF, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643, as a recipient of a single locus conversion.

Date Recue/Date Received 2020-08-31

50. Use, for producing a seed, a crop, or a food or a processed product, of a doubled haploid of tomato variety NUN 09248 TOF produced by making doubled haploids from haploid cells made from the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB
43643.

51. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant produced by a method comprising transforming the plant of tomato variety NUN

TOF with a transgene that confers the desired trait, wherein the transformed plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF and contains the desired trait, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB
43643.

52. Use of tomato variety NUN 09248 TOF, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643, a recipient of a transgene.

53. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant having a trait, wherein the tomato plant is produced by a method comprising mutating a plant or plant part tomato variety NUN 09248 TOF and selecting a mutated plant with a desired trait, wherein the mutated plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.
BRIEF DESCRIPTION OF DRAWINGS
23] Fig. 1 shows the mature fruit of tomato variety NUN 09248 TOF.
24] Fig. 2 shows the plant of tomato variety NUN 09248 TOF.
ps] Fig. 3 shows the flower and cross-section of mature fruit of tomato variety NUN 09248 TOF.
26] Fig. 4 shows the leaf of tomato variety NUN 09248 TOF.

Date Recue/Date Received 2020-08-31 DEFINITIONS
27] "Tomato" refers herein to plants of the species Solanum lycopersicum, or a closely related species, and fruits thereof. Solanum lycopersicum is also known as Lycopersicon lycopersicum (L.) H. Karst. or Lycopersicon esculentum Mill. The most commonly eaten part of a tomato is the fruit or berry.
[28] "Cultivated tomato" refers to plants of Solanum lycopersicum, or a closely related species (e.g., varieties, breeding lines or cultivars of the species S. lycopersicum as well as crossbreds thereof, or crossbreds with other Solanum species), cultivated by humans and having good agronomic characteristics.
[29] The terms "tomato plant designated NUN 09248 TOF," "NUN 09248 TOF," "NUN
09248," "NUN 09248 Fl," "09248 TOF," "tomato 09248," or "Pulsion" are used interchangeably herein and refer to a tomato plant of variety NUN 09248 TOF, representative seed of which is deposited under Accession Number NCIMB 43643.
[30] A "seed of NUN 09248 TOF" refers to a tomato seed which can be grown into a plant of NUN 09248 TOF, wherein a representative sample of viable seed of NUN 09248 TOF
is to be deposited under Accession Number NCIMB 43643. A seed can be in any stage of maturity, for example, a mature, viable seed, or an immature, non-viable seed. A seed comprises an embryo and maternal tissues.
[31] An "embryo of NUN 09248 TOF" refers to an "Fl hybrid embryo" as present in a seed of NUN 09248 TOF, a representative sample of said seed of tomato variety NUN
09248 TOF is deposited under Accession Number NCIMB 43643.
[32] A "seed grown on NUN 09248 TOF" refers to a seed grown on a mature plant of variety NUN 09248 TOF or inside a fruit of tomato variety NUN 09248 TOF. The "seed grown on NUN
09248 TOF" contains tissues and DNA of the maternal parent, tomato variety NUN
09248 TOF.
The "seed grown on NUN 09248 TOF" contains an F2 embryo. When said seed is planted, it grows into a first generation progeny plant of variety NUN 09248 TOF.
[33] A "fruit of NUN 09248 TOF" refers to a fruit containing maternal tissues of tomato variety NUN 09248 TOF as deposited under Accession Number NCIMB 43643. The fruit comprises pericarp, septa, epidermis, columella, locular cavity, vascular bundles and optionally seed.

Date Recue/Date Received 2020-08-31 Pericarp, septa, epidermis, columella, locular cavity, vascular bundles, and seed coat of the seed are maternal tissues, e.g., they are genetically identical to the plant on which they grow. In one aspect, the fruit contains seed grown on tomato variety NUN 09248 TOF. In another aspect, the fruit does not contain seed, i.e., the fruit is parthenocarpic. The skilled person is familiar with methods for inducing parthenocarpy. Those methods comprise chemically or genetically inducing parthenocarpy. Compounds suitable for chemically inducing parthenocarpy comprise auxins, gibberellins and cytokinins. Methods for genetically inducing parthenocarpy comprise the methods described in US 9125353, US 2002/0010953, US 6060648, EP 1057401 and EP
142842509247.
[34] An "essentially homogeneous population of tomato seed" is a population of seeds where at least 97%, 98%, 99% or more of the total population of seed are seed of tomato variety NUN
09248 TOF.
[35] An "essentially homogeneous population of tomato plants" is a population of plants where at least 97%, 98%, 99% or more of the total population of plants are plants of variety NUN 09248 TOF.
[36] The phrase "essentially free from other seed" refers to a population of seed where less than 3%, 2%, 1% or less of the total population of seed is seed that is not a tomato seed or, in another aspect, less than 3%, 2%, 1% or less of the total population of seed is seed that is not seed of tomato variety NUN 09248 TOF.
[37] "Tissue culture" or "cell culture" refers to a composition comprising isolated cells of the same or a different type or a collection of such cells organized into parts of a plant. Tissue culture of various tissues of tomato and regeneration of plants therefrom is well known and widely published (see, e.g., Bhatia et al. (2004), Plant Cell, Tissue and Organ Culture 78: 1-21). Similarly, methods of preparing cell cultures are known in the art.
[38] "USDA descriptors" are the plant variety descriptors described for tomatoing the "Objective Description of Variety Tomato (Solanum lycopersicum or Lycopersicon esculentum Mill)", as published by the US Department of Agriculture, Agricultural Marketing Service, Plant Variety Protection Office, Beltsville. "Non-USDA descriptors" are other descriptors suitable for describing tomato.

Date Recue/Date Received 2020-08-31 [39] "UPOV descriptors" are the plant variety descriptors described for tomato in the "Guidelines for the Conduct of Tests for Distinctness, Uniformity and Stability, TG/44/11 (Geneva 2011, revised 2013-03-20), as published by UPOV (International Union for the Protection of New Varieties and Plants). Likewise, "UPOV methods" to determine specific parameters for the characterization of tomato are described at upov.int.
[40] "RHS"
refers to the Royal Horticultural Society (RHS) which publishes an official botanical color chart quantitatively identifying colors according to a defined numbering system.
The chart may be purchased from Royal Horticulture Society Enterprise Ltd RHS
Garden; Wisley, Woking; Surrey GU236QB, UK, e.g., the RHS color chart 2007.
[41] "Reference Variety for NUN 09248 TOF" refers herein to variety Sweetelle from Syngenta, which has been planted in a trial together with NUN 09248 TOF. The characteristics of tomato variety NUN 09248 TOF are compared with the characteristics of the Reference Variety as shown in Tables 1 and 2. The distinguishing characteristics between tomato variety NUN 09248 TOF and the Reference Variety are shown in Table 3.
[42] "Plant part" includes any part of a plant, such as a plant organ (e.g., harvested or non-harvested fruits), a plant cell, a plant protoplast, a plant cell tissue culture or a tissue culture from which a whole plant can be regenerated, a plant cell that is intact in a plant, a clone, a micropropagation, plant callus, a plant cell clump, a plant transplant, a vegetative propagation, a seedling, a fruit, a harvested fruit, a part of a fruit, a leaf, a part of a leaf, pollen, an ovule, an embryo, a petiole, a shoot or a part thereof, a stem or a part thereof, a root or a part thereof, a root tip, a cutting, a seed, a part of a seed, hypocotyl, cotyledon, a scion, a graft, a stock, a rootstock, a pistil, an anther, and a flower or parts of any of these and the like. Seed can be mature or immature.
Pollen or ovules may be viable or non-viable. Also, any developmental stage is included, such as seedlings, cuttings prior or after rooting, mature plants or leaves.
Alternatively, a plant part may also include a plant seed which comprises one or two sets of chromosomes derived from the parent plant, e.g., from tomato variety NUN 09248 TOF. An Fl progeny produced from self-pollination of tomato variety NUN 09248 TOF will thus comprise two sets of chromosomes derived from tomato variety NUN 09248 TOF, while an Fl progeny derived from cross-fertilization of tomato variety NUN 09248 TOF will comprise only one set of chromosomes from tomato variety NUN
09248 TOF, and the other set of chromosomes from the other parent.
Date Recue/Date Received 2020-08-31 [43]
"Harvest maturity" is referred to as the stage at which a tomato fruit is ripe or ready for harvest or the optimal time to harvest the fruit for the market, for processing or for consumption.
In one aspect, harvest maturity is the stage which allows proper completion of the normal ripening.
[44] "Harvested plant material" refers herein to plant parts (e.g., single fruits or clusters of fruits detached from the whole plant), which have been collected for further storage and/or further use.
[45] "Yield" means the total weight of all tomato fruits harvested per hectare of a particular line or variety. It is understood that "yield" expressed as weight of all tomato fruits harvested per hectare can be obtained by multiplying the number of plants per hectare times the "yield per plant".
[46] "Marketable yield" means the total weight of all marketable tomato fruits, especially fruit which is not cracked, damaged or diseased, harvested per hectare of a particular line or variety. A
"marketable fruit" is a fruit that has commercial value.
[47] "Rootstock" or "stock" refers to the plant selected for its roots, in particular for the resistance of the roots to diseases or stress (e.g., heat, cold, salinity etc.). Normally the quality of the fruit of the plant providing the rootstock is less important.
[48] "Scion" refers to a part of the plant attached to the rootstock. This plant is selected for its stems, leaves, flowers, or fruits. The scion contains the desired genes to be duplicated in future production by the stock/scion plant and may produce the desired tomato fruit.
[49] "Stock/scion" or grafted plant refers to a tomato plant comprising a rootstock from one plant grafted to a scion from another plant.
[50] A plant having "all the physiological and morphological characteristics"
of a referred-to-plant means a plant showing the physiological and morphological characteristics of the referred-to-plant when grown under the same environmental conditions, preferably in the same experiment;
the referred-to-plant can be a plant from which it was derived, e.g., the progenitor plant, the parent, the recurrent parent, the plant used for tissue- or cell culture, etc. A
physiological or morphological characteristic can be a numerical characteristic or a non-numerical characteristic. In one aspect, a plant has "all but one, two or three of the physiological and morphological characteristics" of a referred-to-plant, or "all the physiological and morphological characteristics" of Tables 1 and 2 or "all or all but one, two or three of the physiological and morphological characteristics" of Tables 1 and 2.

Date Recue/Date Received 2020-08-31 [51] The physiological and/or morphological characteristics mentioned above are commonly evaluated at significance levels of 1%, 5% or 10% if they are numerical (quantitative), or for having an identical degree (or type) if not numerical (not quantitative), if measured under the same environmental conditions. For example, a progeny plant or a Single Locus Converted plant or a mutated plant of variety NUN 09248 TOF may have one or more (or all) of the essential physiological and/or morphological characteristics of said variety listed in Tables 1 and 2, as determined at the 5% significance level (i.e., p <0.05) for numerical characteristics and determined by type or degree for non-numerical characteristics, when grown under the same environmental conditions.
[52] "Distinguishing characteristics" or "distinguishing morphological and/or physiological characteristics" refers herein to the characteristics which distinguish (i.e., are different) between the new variety and other tomato varieties, such as the Reference Variety, when grown under the same environmental conditions. The distinguishing characteristics between tomato variety NUN
09248 TOF and Reference Variety are described in Table 3. When comparing tomato variety NUN
09248 TOF with different varieties, the distinguishing characteristics may be different. In one aspect, the distinguishing characteristics may therefore include at least one, two, three or more (or all) of the characteristics listed in Tables 1 and 2. All numerical distinguishing characteristics are statistically significantly different at p < 0.05 between tomato variety NUN
09248 TOF and the other variety (e.g., Reference Variety).
[53] Tomato variety NUN 09248 TOF has the following distinguishing characteristics when compared to the Reference Variety as shown in Table 3: 1) longer plant height;
2) semi-drooping leaf attitude; 3) broader leaf width; 4) smaller size of leaflets (in middle of leaf); 5) equally uniparous and multiparous inflorescence type; 6) lighter intensity of green color of shoulder before maturity; 7) heavier ripened fruit weight; 8) stronger fruit ribbing at peduncle end; and 9) stronger depression at peduncle end, when grown under the same environmental conditions.

[54] Thus, a tomato plant "comprising the distinguishing characteristics of tomato variety NUN
09248 TOF" (such as a progeny plant) refers herein to a plant which does not differ significantly from said variety in the distinguishing characteristics above. Therefore, in one aspect, the disclosure provides a plant that does not differ significantly from tomato variety NUN 09248 TOF
in the distinguishing characteristics above.

Date Recue/Date Received 2020-08-31

[55]
Similarity and differences between two different plant lines or varieties can be determined by comparing the number of morphological and/or physiological characteristics (e.g., the characteristics as listed in Tables 1 and 2) that are the same (i.e., statistically not significantly different) or that are different (i.e., statistically significantly different) between the two plant lines or varieties when grown under the same environmental conditions. A numerical characteristic is considered to be "the same" when the value for a numeric characteristic is not significantly different at the 1% (p < 0.01) or 5% (p < 0.05) significance level, using one way analysis of variance (ANOVA), a standard method known to the skilled person. Non-numerical or "degree"
or "type" characteristic is considered "the same" when the values have the same "degree" or "type"
when scored using USDA and/ or UPOV descriptors, if the plants are grown under the same environmental conditions.

[56] A "plant line" is, for example, a breeding line which can be used to develop one or more varieties. A breeding line is typically highly homozygous.

[57] "Hybrid variety" or "Fl hybrid" refers to the seeds harvested from crossing two inbred (nearly homozygous) parental lines. For example, the female parent is pollinated with pollen of the male parent to produce hybrid (F1) seeds on the female parent.

[58] "Regeneration" refers to the development of a plant from cell culture or tissue culture or vegetative propagation.

[59] "Vegetative propagation", "vegetative reproduction" or "clonal propagation" are used interchangeably herein and mean a method of taking a part of a plant and allowing that plant part to form at least roots, and also refer to the plant or plantlet obtained by that method. Optionally, the vegetative propagation is grown into a mature plant. The skilled person is aware of what plant parts are suitable for use in the method.

[60] "Selfing" refers to self-pollination of a plant, i.e., the transfer of pollen from the anther to the stigma of the same plant.

[61] "Crossing" refers to the mating of two parent plants. The term encompasses "cross-pollination" and "selfing".

[62] "Cross-pollination" refers to the fertilization by the union of two gametes from different plants.

Date Recue/Date Received 2020-08-31

[63] As used herein, the terms "resistance" and "tolerance" are used interchangeably to describe plants that show no symptoms or significantly reduced symptoms to a specified biotic pest, pathogen, abiotic influence or environmental condition compared to a susceptible plant. These terms are optionally also used to describe plants showing some symptoms but that are still able to produce marketable product with an acceptable yield.

[64] The term "traditional breeding techniques" encompasses herein crossing, selfing, selection, doubled haploid production, embryo rescue, protoplast fusion, marker assisted selection, mutation breeding, etc. as known to the breeder (e.g., methods other than genetic modification/transformation/transgenic methods), by which, for example, a genetically heritable trait can be transferred from one tomato line or variety to another.

[65] "Backcrossing" is a traditional breeding technique used to introduce a trait into a plant line or variety. The plant containing the trait is called the donor plant and the plant into which the trait is transferred is called the recurrent parent. An initial cross is made between the donor parent and the recurrent parent to produce a progeny plant. Progeny plants which have the trait are then crossed to the recurrent parent. After several generations of backcrossing and/or selfing the recurrent parent comprises the trait of the donor. The plant generated in this way may be referred to as a "single trait converted plant". The technique can also be used on a parental line of a hybrid.

[66] "Progeny" as used herein refers to a plant obtained from a plant variety designated NUN
09248 TOF. A progeny may be obtained by regeneration of cell culture or tissue culture or parts of a plant of said variety or selfing of a plant of said variety or by producing seeds of a plant of said variety. In further aspects, progeny may also encompass plants obtained from crossing of at least one plant of said variety with another tomato plant of the same variety or another variety or (breeding) line, or with wild tomato plants. A progeny may comprise a mutation or a transgene. A
"first generation progeny" or is the progeny directly derived from, obtained from, obtainable from or derivable from the parent plant by, e.g., traditional breeding methods (selfing and/or cross-pollinating) or regeneration (optimally combined with transformation or mutation). Thus, a plant of tomato variety NUN 09248 TOF is the male parent, the female parent or both of a first generation progeny of that variety. Progeny may have all the physiological and morphological characteristics of tomato variety NUN 09248 TOF when grown under the same environmental conditions. Using common breeding methods such as backcrossing or recurrent selection, mutation Date Recue/Date Received 2020-08-31 or transformation, one or more specific characteristics may be introduced into said variety, to provide a plant comprising all but 1, 2, or 3 or more of the morphological and physiological characteristics of variety NUN 09248 TOF (e.g., as listed in Tables 1 and 2).

[67] The terms "gene converted" or "conversion plant" or "single locus converted plant" in this context refer to tomato plants which are developed by traditional breeding techniques e.g., backcrossing, or via genetic engineering or through mutation breeding, wherein essentially all of the desired morphological and physiological characteristics of the parent variety or line are recovered, in addition to the one or more genes transferred into the parent via e.g., the backcrossing technique (optionally including reverse breeding or reverse synthesis of breeding lines). It is understood that not only the addition of a further characteristic (e.g., addition of gene conferring a further characteristic, such as a disease resistance gene), but also the replacement/modification of an existing characteristic by a different characteristic is encompassed herein (e.g., mutant allele of a gene can modify the phenotype of a characteristic).

[68] Likewise, a "Single Locus Converted (Conversion) Plant" refers to plants developed by plant breeding techniques comprising or consisting of mutation and/or by genetic transformation and/or by traditional breeding techniques, such as backcrossing, wherein essentially all of the desired morphological and physiological characteristics of a tomato variety are recovered in addition to the characteristics of the single locus having been transferred into the variety via the above mentioned technique. In case of a hybrid, the gene may be introduced in the male or female parental line.

[69] "Average" refers herein to the arithmetic mean.

[70] The term "mean" refers to the arithmetic mean of several measurements.
The skilled person understands that the appearance of a plant depends to some extent on the growing conditions of said plant. Thus, the skilled person will know typical growing conditions for tomato variety NUN
09248 TOF. The mean, if not indicated otherwise within this application, refers to the arithmetic mean of measurements on at least 10 different, randomly selected plants of a variety or line.
DETAILED DESCRIPTION OF VARIOUS ASPECTS OF THE DISCLOSURE

[71] The disclosure also relates to a plant of variety NUN 09248 TOF, wherein a representative sample of seeds of said variety has been deposited under the Budapest Treaty, with Accession Date Recue/Date Received 2020-08-31 number NCIMB 43643. NUN 09248 TOF is a red cherry saladette (grape) tomato variety for the fresh market (snack segment) and is suitable for growing in a protected (greenhouse) environment.

[72] The disclosure also relates to a seed of tomato variety NUN 09248 TOF, wherein a representative sample of said seed has been deposited under the Budapest Treaty, with Accession number NCIMB 43643.

[73] In another aspect, the disclosure provides for a tomato plant part of variety NUN 09248 TOF, preferably a fruit, a representative sample of seed from said variety is deposited under the Budapest Treaty, with Accession number NCIMB 43643.

[74] In another aspect, a seed of hybrid variety NUN 09248 TOF is obtainable by crossing the male parent of said variety with the female parent of said variety and harvesting the seeds produced on the female parent. The resultant seeds of said variety can be grown to produce plants of said variety. In one aspect, a seed or a plurality of seeds of said variety are packaged into a container of any size or type (e.g., bags, cartons, cans, etc.). The seed may be disinfected, primed and/or treated with various compounds, such as seed coatings or crop protection compounds. The seed produces a plant of variety NUN 09248 TOF.

[75] Also provided is a plant of tomato variety NUN 09248 TOF, or a fruit or other plant part thereof, produced from a seed, wherein a representative sample of said seeds is deposited under the Budapest Treaty, with Accession Number NCIMB 43643.

[76] Also provided is a plant part obtained from variety NUN 09248 TOF, wherein said plant part is a fruit, a harvested fruit, a part of a fruit, a leaf, a part of a leaf, pollen, an ovule, a cell, a petiole, a shoot or a part thereof, a stem or a part thereof, a root or a part thereof, a root tip, a cutting, a seed, a part of a seed, seed coat or another maternal tissue which is part of a seed grown on said variety, a hypocotyl, a cotyledon, a scion, a stock, a rootstock, a pistil, an anther, and a flower or a part thereof Fruits are particularly important plant parts. Fruits may be parthenocarpic, or seedless, or contain immature and/or nonviable seeds. In a further aspect, the plant part obtained from variety NUN 09248 TOF is a cell, optionally a cell in a cell or tissue culture. That cell may be grown into a plant of variety NUN 09248 TOF. A part of the plant of variety (or of progeny of that variety or of a plant having all physiological and/or morphological characteristics but one, two or three which are different from those of tomato variety NUN 09248 Date Recue/Date Received 2020-08-31 TOF) further encompasses any cells, tissues, or organs obtainable from the seedlings or plants in any stage of maturity.

[77] The disclosure also provides for a food, a feed, or a processed product comprising or consisting of a plant part described herein. Preferably, the plant part is a tomato fruit or part thereof and/or an extract from a fruit or another plant part described herein comprising at least one cell of tomato variety NUN 09248 TOF. The food or feed product may be fresh or processed, e.g., dried, grinded, powdered, pickled, chopped, cooked, roasted, in a sauce, in a sandwich, pasted, puréed or concentrated, juiced, pickled, canned, steamed, boiled, fried, blanched and/or frozen, etc.

[78] Such a plant part of variety NUN 09248 TOF can be stored and/or processed further. The disclosure thus also provides for a food or feed product comprising one or more of such parts, such as canned, chopped, cooked, roasted, in a sauce, in a sandwich, pasted, puréed or concentrated, juiced, frozen, dried, pickled, or powdered tomato fruit from variety NUN
09248 TOF or from progeny of said variety, or from a derived variety, such as a plant having all but one, two or three physiological and/or morphological characteristics of tomato variety NUN 09248 TOF.

[79] In another aspect, the disclosure provides for a tomato fruit of variety NUN 09248 TOF, or a part of a fruit of said variety. The fruit can be in any stage of maturity, for example, immature or mature. In another aspect, the disclosure provides for a container comprising or consisting of a plurality of harvested tomato fruits or parts of fruits of said variety, or fruits of progeny thereof, or fruits of a derived variety.

[80] In another aspect, the plant, plant part or seed of tomato variety NUN
09248 TOF is inside a container, for example, containers such as cans, boxes, crates, bags, cartons, Modified Atmosphere Packaging, films (e.g., biodegradable films), etc. comprising a plant or a part of a plant (fresh and/or processed) or a seed of tomato variety NUN 09248 TOF. In a particular aspect, the container comprises a plurality of seeds of tomato variety NUN 09248 TOF
or a plurality of plant parts of tomato variety NUN 09248 TOF.

[81] The disclosure further relates to a tomato variety, referred to as NUN
09248 TOF, which when compared to its Reference Variety has the following distinguishing characteristics as shown in Table 3: 1) longer plant height; 2) semi-drooping leaf attitude; 3) broader leaf width; 4) smaller size of leaflets (in middle of leaf); 5) equally uniparous and multiparous inflorescence type;
6) lighter intensity of green color of shoulder before maturity; 7) heavier ripened fruit weight;

Date Recue/Date Received 2020-08-31 8) stronger fruit ribbing at peduncle end; and 9) stronger depression at peduncle end, when grown under the same environmental conditions. Also encompassed by the present disclosure are parts of that plant.

[82] In another aspect, the plant of variety NUN 09248 TOF or a progeny plant thereof, comprises all of the following morphological and/or physiological characteristics (i.e., as indicated on the UPOV Test Guidelines for tomato) as shown in Tables 1 and 2, when grown under the same environmental conditions. A part of this plant is also provided.

[83] In another aspect, tomato variety NUN 09248 TOF or a progeny thereof comprises resistance to Fulvia fulva Groups A-E and Tomato Mosaic Virus Strain 0, 1, 2, and 1-2, measured according to UPOV standards described in TG/44/11.

[84] The disclosure further provides a tomato plant which does not differ from the physiological and morphological characteristics of the plant of variety NUN 09248 TOF as determined at the 1%, 2%, 3%, 4% or 5% significance level for numerical characteristics and determined by type or degree for non-numerical characteristics, when grown under the same environmental conditions.
In a particular aspect, the plants are measured in the same trial (e.g., the trial is conducted as recommended by USDA or UPOV). The disclosure also comprises a part of said plant.

[85] The disclosure also provides a tissue or cell culture comprising cells of tomato variety NUN
09248 TOF. Such a tissue culture can, for example, be grown on plates or in liquid culture, or be frozen for long term storage. The cells of tomato variety NUN 09248 TOF used to start the culture can be selected from any plant part suitable for vegetative reproduction, or, in a particular aspect, can be cells of an embryo, meristem, a cotyledon, a hypocotyl, pollen, a leaf, an anther, a root, a root tip, a pistil, a petiole, a flower, a fruit, seed, or a stem. In another particular aspect, the tissue culture does not contain somaclonal variation or has reduced somaclonal variation. The skilled person is familiar with methods to reduce or prevent somaclonal variation, including regular reinitiation.

[86] In another aspect, the disclosure provides a tomato plant regenerated from the tissue or cell culture of tomato variety NUN 09248 TOF, wherein the regenerated plant is not significantly different from tomato variety NUN 09248 TOF in all, or all but one, two, or three, of the physiological and morphological characteristics (e.g., determined at the 5%
significance level when grown under the same environmental conditions). Optionally, the plant has one, two, or three Date Recue/Date Received 2020-08-31 the physiological and morphological characteristics that are affected by a mutation or by transformation. In another aspect, the disclosure provides a tomato plant regenerated from the tissue or cell culture of tomato variety NUN 09248 TOF, wherein the plant has all of the physiological and morphological characteristics of said variety determined (e.g., 5% significance level) when grown under the same environmental conditions. Similarity or difference of a characteristic is determined by measuring the characteristics on a representative number of plants grown under the same environmental conditions, determining whether type/degree characteristics are the same and determining whether numerical characteristics are different at the 5% significance level.

[87] Tomato variety NUN 09248 TOF, or its progeny, or a plant having all physiological and/or morphological characteristics but one, two, or three which are different from those of tomato variety NUN 09248 TOF can also be reproduced using vegetative reproduction methods.
Therefore, the disclosure provides for a method of producing a plant or plant part of tomato variety NUN 09248 TOF, comprising vegetative propagation of tomato variety NUN 09248 TOF.
Vegetative propagation comprises regenerating a whole plant from a plant part of variety NUN
09248 TOF, from a progeny or from or a plant having all physiological and/or morphological characteristics of said variety but one, two or three different characteristics, such as a cutting, a cell culture or a tissue culture.

[88] The disclosure also provides methods of vegetatively propagating a part of the plant of variety NUN 09248 TOF. In certain aspects, the method comprises: (a) collecting tissue or cells capable of being propagated from tomato variety NUN 09248 TOF; (b) cultivating said tissue or cells to obtain proliferated shoots; and (c) rooting said proliferated shoots, to obtain rooted plantlets. Steps (b) and (c) may also be reversed, i.e., first cultivating said tissue to obtain roots and then cultivating the tissue to obtain shoots, thereby obtaining rooted plantlets. The rooted plantlets may then be further grown, to obtain plants. In one embodiment, the method further comprises step (d) growing plants from said rooted plantlets. Therefore, the method also comprises regenerating a whole plant from said part of the plant of variety NUN 09248 TOF. In a particular aspect, the part of the plant to be propagated is a cutting, a cell culture or a tissue culture.

[89] The disclosure also provides for a vegetatively propagated plant of variety NUN 09248 TOF (or from progeny of tomato variety NUN 09248 TOF or from or a plant having all but one, Date Recue/Date Received 2020-08-31 two or three physiological and/or morphological characteristics of that variety), wherein the plant has all of the morphological and physiological characteristics of tomato variety NUN 09248 TOF, when the numerical characteristics are determined at the 5% significance level and determined by type or degree for non-numerical characteristics for plants grown under the same environmental conditions. In another aspect, the propagated plant has all but one, two, or three of the morphological and physiological characteristics of tomato variety NUN 09248 TOF, when the numerical characteristics are determined at the 5% significance level and determined by type or degree for non-numerical characteristics for plants grown under the same environmental conditions. A part of said propagated plant or said propagated plant with one, two, or three differences is also provided.

[90] In another aspect, the disclosure provides a method for producing a tomato plant part, preferably a fruit, comprising: growing a plant of variety NUN 09248 TOF until it sets at least one fruit, and collecting the fruit. Preferably, the fruit is collected at harvest maturity. In another embodiment, the fruit is collected when the seed is ripe. A plant of variety NUN 09248 TOF can be produced by seeding directly in the soil (e.g., field) or by germinating the seeds in controlled environment conditions (e.g., greenhouses, hydroponic cultures, etc.) and optionally then transplanting the seedlings into the field. For example, the seed can be sown into prepared seed beds where they will remain for the entire production the crop (see, e.g., Hartz, et. al., 1996, University of California, Division of Agriculture and Natural Resources, Publication 7228, 1-5).
Tomatoes can be grown with a support system such as poles (i.e., stakes) to keep the fruit from touching the ground or as bushes without support. Alternatively, plastic row covers can also be used to control the temperature. Mulches or plastic tunnels can also be used to protect the plant from frost (see, e.g., Strange, et. al., 2000, University of California, Division of Agriculture and Natural Resources, Publication 7228, 1-5). Tomato can also be grown entirely in greenhouses.
Moreover, said variety can be grown in hydroponic cultures as described herein in, e.g., US
2008/0222949, and the skilled person is familiar with various type of hydroponic cultures.

[91] In still another aspect, the disclosure provides a method of producing a tomato plant, comprising crossing a plant of tomato variety NUN 09248 TOF with a second tomato plant at least once, allowing seed to develop and optionally harvesting said progeny seed.
The skilled person can select progeny from said crossing. Optionally, the progeny (grown from the progeny seed) is crossed twice, thrice, or four, five, six or seven times, and allowed to set seed. In one aspect, the Date Recue/Date Received 2020-08-31 first "crossing" further comprises planting seeds of a first and a second parent tomato plant, often in proximity so that pollination will occur; for example, mediated by insect vectors. Alternatively, pollen can be transferred manually. Where the plant is self-pollinated, pollination may occur without the need for direct human intervention other than plant cultivation.
After pollination the plant can produce seed.

[92] In still another aspect, the disclosure provides a method of producing a plant, comprising selfing a plant of variety NUN 09248 TOF one or more times, and selecting a progeny tomato plant from said selfing. In one aspect, the progeny plant retains all the distinguishing characteristics of tomato variety NUN 09248 TOF described above when grown under the same environmental conditions. In a different aspect, the progeny plant comprises all of the physiological and morphological characteristic of tomato variety NUN 09248 TOF of Tables 1 and 2.

[93] In other aspects, the disclosure provides a progeny plant of variety NUN
09248 TOF such as a progeny plant obtained by further breeding of tomato variety NUN 09248 TOF. Further breeding with tomato variety NUN 09248 TOF includes selfing that variety one or more times and/or cross-pollinating tomato variety NUN 09248 TOF with another tomato plant or variety one or more times. In particular, the disclosure provides for a progeny plant that retains all the essential morphological and physiological characteristics of tomato variety NUN 09248 TOF or, in another aspect, a progeny plant that retains all, or all but one, two or three, of the morphological and physiological characteristics of tomato variety NUN 09248 TOF, optionally all or all but one, two or three of the characteristics as listed in Tables 1 and 2, when grown under the same environmental conditions, determined at the 5% significance level for numerical characteristics and determined by type or degree for non-numerical characteristics. In a particular aspect, the progeny is a first generation progeny, i.e., the ovule or the pollen (or both) used in the crossing is an ovule or pollen of variety NUN 09248 TOF, where the pollen comes from an anther and the ovule comes from an ovary of variety NUN 09248 TOF. In another aspect, the disclosure provides for a vegetative reproduction of the variety and a plant having all, or all but 1, 2, or 3 of the physiological and morphological characteristics of tomato variety NUN 09248 TOF (e.g., as listed in Tables 1 and 2).

[94] The disclosure also provides a method for collecting pollen of tomato variety NUN 09248 TOF, comprising collecting pollen from a plant of variety NUN 09248 TOF.
Alternatively, the Date Recue/Date Received 2020-08-31 method comprises growing a plant of variety NUN 09248 TOF until at least one flower contains pollen and collecting the pollen. In a particular aspect, the pollen is collected when it is mature or ripe. A suitable method for collecting pollen comprises collecting anthers or the part of the anther that contains pollen, for example, by cutting the anther or the part of the anther off. Pollen can be collected in a container. Optionally, collected pollen can be used to pollinate a tomato flower.

[95] The morphological and/or physiological differences between two different individual plants described herein (e.g., between tomato variety NUN 09248 TOF and a progeny of said variety) or between a plant of variety NUN 09248 TOF or progeny of said variety, or a plant having all, or all but 1, 2, or 3, of the physiological and morphological characteristics of tomato variety NUN 09248 TOF (or all, or all but 1, 2, or 3 of the characteristics as listed in Tables 1 and 2) and another known variety can easily be established by growing said variety next to each other or next to the other variety (in the same field, under the same environmental conditions), preferably in several locations which are suitable for said tomato cultivation, and measuring morphological and/or physiological characteristics of a number of plants (e.g., to calculate an average value and to determine the variation range/uniformity within the variety). For example, trials can be carried out in Acampo CA, USA (N 38 degrees 07'261" / W 121 degrees 18' 807", USA), whereby various characteristics, for example, maturity, days from seeding to harvest, plant habit, plant attitude, leaf shape, leaf color, blistering, numbers of flowers per leaf axil, number of calyx lobes, number of petals, fruit group, immature fruit color, mature fruit color, pungency, flavor, fruit glossiness, fruit size, fruit shape, average number of fruits per plant, seed size, seed weight, anthocyanin level, disease resistance, insect resistance, can be measured and directly compared for species of tomato.
Thus, the disclosure comprises tomato plant having one, two or three physiological and/or morphological characteristics which are different from those of the plant of variety NUN 09248 TOF and which otherwise has all the physiological and morphological characteristics of the plant of variety NUN 09248 TOF, when determined at the 5% significance level for numerical characteristics and determined by type or degree for non-numerical characteristics for plants grown under the same environmental conditions. In one aspect, the different characteristic(s) is/are result of breeding with tomato variety NUN 09248 TOF and selection of a progeny plant comprising 1, 2 or 3 characteristics which are different than in tomato variety NUN 09248 TOF. In another aspect, the different characteristic is the result of a mutation (e.g., spontaneous mutation or a Date Recue/Date Received 2020-08-31 human induced mutation through e.g., targeted mutagenesis or traditional mutagenesis such as chemically or radiation induced mutagenesis), or it is the result of transformation.

[96] The morphological and physiological characteristics (and the distinguishing characteristics) of tomato variety NUN 09248 TOF are provided in Tables 1 and 2. Encompassed herein is also a plant obtainable from tomato variety NUN 09248 TOF (e.g., by selfing and/or crossing and/or backcrossing with said variety and/or progeny of said variety) comprising all or all but one, two or three of the physiological and morphological characteristics of tomato variety NUN 09248 TOF listed in Tables 1 and 2 as determined at the 5% significance level for numerical characteristics and determined by type or degree for non-numerical characteristics, when grown under the same environmental conditions and/or comprising one or more (or all;
or all except one, two or three) characteristics when grown under the same environmental conditions. The morphological and/or physiological characteristics may vary somewhat with variation in the environment (such as temperature, light intensity, day length, humidity, soil, fertilizer use), which is why a comparison under the same environmental conditions is preferred.
Colors can best be measured using the Royal Horticultural Society (RHS) Chart.

[97] In yet a further aspect, the disclosure provides for a method of producing a new tomato plant. The method comprises crossing tomato variety NUN 09248 TOF, or a plant comprising all but 1, 2, or 3 of the morphological and physiological characteristics of tomato variety NUN 09248 TOF (e.g., as listed in Tables 1 and 2), or a progeny plant thereof, either as male or as female parent, with a second tomato plant (or a wild relative of tomato) one or more times, and/or selfing a tomato plant of variety NUN 09248 TOF, or a progeny plant thereof, one or more times, and selecting progeny from said crossing and/or selfing. The second tomato plant may, for example, be a line or variety of the species Solanum Lycopersicon, S. chilense, S.
habrochaites, S. penelli, S. peruvianum, S. pimpinellifolium or other Solanum species.

[98] The disclosure provides for methods of producing plants which retain all the morphological and physiological characteristics of a plant described herein. The disclosure also provides for methods of producing a plant comprising all but 1, 2, or 3 or more of the morphological and physiological characteristics of tomato variety NUN 09248 TOF (e.g., as listed in Tables 1 and 2), but which are still genetically closely related to said variety. The relatedness can, for example, be determined by fingerprinting techniques (e.g., making use of isozyme markers and/or molecular Date Recue/Date Received 2020-08-31 markers such as Single-nucleotide polymorphism (SNP) markers, amplified fragment length polymorphism (AFLP) markers, microsatellites, minisatellites, Random Amplified Polymorphic DNA (RAPD) markers, restriction fragment length polymorphism (RFLP) markers and others). A
plant is "closely related" to tomato variety NUN 09248 TOF if its DNA
fingerprint is at least 80%, 90%, 95% or 98% identical to the fingerprint of that variety. In a particular aspect, AFLP markers are used for DNA fingerprinting (see, e.g., Vos et al. 1995, Nucleic Acid Research 23: 4407-4414).
A closely related plant may have a Jaccard's Similarity index of at least about 0.8, preferably at least about 0.9, 0.95, 0.98 or more (see, e.g., Sharifova, S., et. al., (2013), Journal of Hort.
Research, 21(1):83-89; Ince et al., (2010), Biochem. Genet. 48:83-95;
Parvathaneni et al., (2011), J. Crop Sci. Biotech, 14(1): 39-43; Pisanu, et. al., (2004), Acta Hort. 660, 83-89). The disclosure also provides a plant and a variety obtained or selected by applying these methods on tomato variety NUN 09248 TOF. Such a plant may be produced by crossing and/or selfing, or alternatively, a plant may simply be identified and selected amongst plants of said variety, or progeny of said variety, e.g. by identifying a variant within tomato variety NUN 09248 TOF or within progeny of said variety (e.g., produced by selfing) which variant differs from the variety described herein in one, two or three of the morphological and/or physiological characteristics (e.g., in one, two or three distinguishing characteristics), e.g. those listed in Tables 1 and 2. In one aspect, the disclosure provides a tomato plant having a Jaccard's Similarity index with tomato variety NUN 09248 TOF of at least 0.8, e.g. at least 0.85, 0.9, 0.95, 0.98 or even at least 0.99.

[99] In some aspects, the disclosure provides a tomato plant comprising genomic DNA having at least 95%, 96%, 97%, 98% or 99% sequence identity compared to the genomic DNA sequence of a plant of variety NUN 09248 TOF as deposited under Accession Number NCIMB
43643. In some aspects, the tomato plant further comprises all or all but 1, 2, or 3 of the morphological and physiological characteristics of tomato variety NUN 09248 TOF (e.g., as listed in Tables 1 and 2).
In other aspects, the tomato plant is a hybrid or other derived from a seed or plant of variety NUN
09248 TOF. In other aspects, the tomato plant comprises the distinguishing characteristics of tomato variety NUN 09248 TOF.

[100] For the purpose of this disclosure, the "sequence identity" of nucleotide sequences, expressed as a percentage, refers to the number of positions in the two optimally aligned sequences which have identical residues (x100) divided by the number of positions compared. A gap, i.e., a position in the pairwise alignment where a residue is present in one sequence but not in the other, Date Recue/Date Received 2020-08-31 is regarded as a position with non-identical residues. A pairwise global sequence alignment of two nucleotide sequences is found by aligning the two sequences over the entire length according to the Needleman and Wunsch global alignment algorithm described in Needleman and Wunsch, 1970, J. Mol. Biol. 48(3):443-53). A full implementation of the Needleman-Wunsch global alignment algorithm is found in the needle program in The European Molecular Biology Open Software Suite (see, e.g., EMBOSS, Rice et al., Trends in Genetics June 2000, vol. 16, No. 6. pp.
276-277).

[101] The disclosure also provides methods for determining the identity of parental lines of plants described herein, in particular the identity of the female line. US
2015/0126380, relates to a non-destructive method for analyzing maternal DNA of a seed. In this method, the DNA is dislodged from the seed coat surface and can be used to collect information on the genome of the maternal parent of the seed. This method for analyzing maternal DNA of a seed comprises contacting a seed with a fluid to dislodge DNA from the seed coat surface, and analyzing the DNA
thus dislodged from the seed coat surface using methods known in the art. The skilled person is thus able to determine whether a seed has grown on a plant of variety NUN
09248 TOF or is a progeny of said variety, because the seed coat of the seed is a maternal tissue genetically identical to tomato variety NUN 09248 TOF. In one aspect, the present disclosure relates to a seed coat comprising maternal tissue of tomato variety NUN 09248 TOF. In another aspect, the disclosure relates to a tomato seed comprising a maternal tissue of tomato variety NUN
09248 TOF. In another particular aspect, the disclosure provides for a method of identifying the female parental line of tomato variety NUN 09248 TOF by analyzing the seed coat of a seed of that variety. In another aspect, the disclosure provides for a method of determining whether a seed is grown on tomato variety NUN 09248 TOF by analyzing the seed coat or another maternal tissue of said seed.

[102] By crossing and/or selfing, (one or more) single traits may be introduced into tomato variety NUN 09248 TOF (e.g., using backcrossing breeding schemes), while retaining the remaining morphological and physiological characteristics of said variety and/or while retaining one or more or all distinguishing characteristics. A single trait converted plant may thereby be produced. For example, disease resistance genes may be introduced, genes responsible for one or more quality traits, yield, etc. Both single genes (e.g., dominant or recessive) and one or more QTLs (quantitative trait loci) may be transferred into tomato variety NUN
09248 TOF by breeding with said variety.
Date Recue/Date Received 2020-08-31

[103] Alternatively, a single trait converted plant or single locus converted plant of variety NUN
09248 TOF may be produced by (i) genetically transforming or mutating cells of tomato variety NUN 09248 TOF; (ii) growing the cells into a plant; and (iii) optionally selecting a plant that contains the desired single locus conversion. The skilled person is familiar with various techniques for genetically transforming a single locus in a plant cell, or mutating said cells.

[104] Any pest or disease resistance genes may be introduced into a plant of tomato variety NUN
09248 TOF, progeny of said variety or into a plant comprising all but 1, 2, or 3 or more of the morphological and physiological characteristics of tomato variety NUN 09248 TOF, respectively (e.g., as listed in Tables 1 and 2). Resistance to one or more of the following diseases or pests may be introduced into the plant described herein: Colorado potato beetle, Southern root knot nematode, Spider mites, Sugarfly beet army worm, Tobacco flea beetle, Tomato hornworm, Tomato fruitworm, Whitefly, Bacterial canker, Bacterial soft rot, Bacterial speck, Bacterial wilt (Pseudomonas syringae pv. Tomato), Bacterial, Anthracnose (Gloeosporium pperatum), Brown rot or corky root (Pyrenochaeta lycopersici), Alternaria, Fusarium wilt (F.
oxysporum races), Gray leaf spot (Stemphylium spp.), Late blight (Phytophthora infestans races), and Leaf mold (Cladosporium fulvum races), Nematode (Illeloidogyne spp.), Verticillium Wilt (Verticillium dahliae), Ralstonia solanacearum (Rs), Leveillula Taurica (Lt), and/or O/d/um neolycopersici (On). Other resistance genes, against pathogenic viruses (e.g., Tomato Mosaic Virus (ToMV), Curly TOF Virus, Tomato Mottle Virus, Potato Y Virus, Blotchey Ripening, Tobacco Etch Virus, the various Tobacco Mosaic Virus races, Concentric cracking, Tomato Spotted Wilt Virus (TSWV), Tomato Yellow Leaf Curl Virus (TYLCV), Gold Fleck, Tomato Torrado Virus (ToTV)), fungi, bacteria, nematodes, insects or other pests may also be introduced.

[105] The disclosure also provides a method for developing a tomato plant in a tomato breeding program, using a tomato plant described herein, or its parts as a source of plant breeding material.
Suitable plant breeding techniques are recurrent selection, backcrossing, pedigree breeding, mass selection, mutation breeding and/or genetic marker enhanced selection. In one aspect, the method comprises crossing tomato variety NUN 09248 TOF or progeny of said variety, or a plant comprising all but 1, 2, or 3 or more of the morphological and physiological characteristics of tomato variety NUN 09248 TOF (e.g., as listed in Tables 1 and 2), with a different tomato plant, and wherein one or more offspring of the crossing are subject to one or more plant breeding techniques: recurrent selection, backcrossing, pedigree breeding, mass selection, mutation Date Recue/Date Received 2020-08-31 breeding and genetic marker enhanced selection (see, e.g., Vidaysky and Czosnek, (1998) Phytopathology 88(9): 910-4). For breeding methods in general, see, e.g., Principles of Plant Genetics and Breeding, 2007, George Acquaah, Blackwell Publishing, ISBN-13:

3646-4.

[106] The disclosure also provides a tomato plant comprising at least a first set of the chromosomes of tomato variety NUN 09248 TOF, a sample of seed of said variety is deposited under Accession Number NCIMB 43643; optionally further comprising a single locus conversion or a mutation, wherein said plant has essentially all of the morphological and physiological characteristics of the plant comprising at least a first set of the chromosomes of said variety. In another aspect, this single locus conversion confers a trait, wherein the trait is yield, storage properties, color, flavor, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism or ripening, or the mutation occurs in any of the following genes acs2, acs4, rin, pp2c1, arP, intense, myb12.

[107] In one aspect, a plant of variety NUN 09248 TOF may also be mutated (by e.g., irradiation, chemical mutagenesis, heat treatment, etc.) and mutated seeds or plants may be selected in order to change one or more characteristics of said variety. Methods such as TILLING
may be applied to tomato populations in order to identify mutants. Similarly, tomato variety may be transformed and regenerated, whereby one or more chimeric genes are introduced into the variety or into a plant comprising all but 1, 2, 3, or more of the morphological and physiological characteristics (e.g., as listed in Tables 1 and 2). Transformation can be carried out using standard methods, such as Agrobacterium tumefaciens mediated transformation or biolistics, followed by selection of the transformed cells and regeneration into plants. A desired trait (e.g., gene(s) conferring pest or disease resistance, herbicide, fungicide or insecticide tolerance, etc.) can be introduced into tomato variety NUN 09248 TOF, or progeny of said variety, by transforming said variety or progeny of said variety with a transgene that confers the desired trait, wherein the transformed plant retains all or all but one, two or three of the phenotypic and/or morphological and/or physiological characteristics of tomato variety NUN 09248 TOF or the progeny of said variety and contains the desired trait.

Date Recue/Date Received 2020-08-31

[108] The disclosure also provides a plant or a cell of a plant comprising a desired trait produced by mutating a plant of variety NUN 09248 TOF or a cell thereof and selecting a plant the desired trait, wherein the mutated plant retains all or all but one of the phenotypic and morphological characteristics of said variety, optionally as described for each variety in in Tables 1 and 2, and contains the desired trait and wherein a representative sample of seed of variety NUN 09248 TOF
is deposited under Accession Number NCIMB 43643. In a further aspect, the desired trait is yield, storage properties, color, flavor, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism or ripening, or the mutation occurs in any of the following genes acs2, acs4, rin, pp2c1, ar/9, intense, myb12.

[109] In one aspect, the disclosure provides a method for inducing a mutation in tomato variety NUN 09248 TOF comprising:
a) exposing the seed, plant, plant part, or cell of tomato variety NUN
09248 TOF to a mutagenic compound or to radiation, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643;
b) selecting the seed, plant, plant part, or cell of tomato variety NUN 09248 TOF
having a mutation; and c) optionally growing and/or multiplying the seed, plant, plant part, or cell of tomato variety NUN 09248 TOF having the mutation.

[110] The disclosure also provides a plant having one, two or three physiological and/or morphological characteristics which are different from those of tomato variety and which otherwise has all the physiological and morphological characteristics of said variety, wherein a representative sample of seed of tomato variety NUN 09248 TOF is deposited under Accession Number NCIMB 43643. In particular, variants which differ from tomato variety NUN
09248 TOF, in none, one, two or three of the characteristics mentioned in Tables 1 and 2 are encompassed.

[111] A part of the plant of variety NUN 09248 TOF (or of progeny of said variety or of a plant having all physiological and/or morphological characteristics but one, two, or three which are different from those of said variety) encompasses any cells, tissues, organs obtainable from the seedlings or plants, such as but not limited to: a tomato fruit or a part thereof, a cutting, a hypocotyl, Date Recue/Date Received 2020-08-31 a cotyledon, seed coat, pollen and the like. Such parts can be stored and/or processed further. The disclosure further provides for food or feed products comprising a part of tomato variety NUN
09248 TOF or a part of progeny of said variety, or a part of a plant having all but one, two, or three physiological and/or morphological characteristics of tomato variety NUN 09248 TOF, comprising one or more of such parts, optionally processed (such as canned, chopped, cooked, roasted, in a sauce, in a sandwich, pasted, puréed or concentrated, juiced, frozen, dried, pickled, or powdered).

[112] In another aspect, the disclosure provides for a haploid plant and/or a doubled haploid plant of tomato variety NUN 09248 TOF, or of a plant having all but one, two or three physiological and/or morphological characteristics of tomato variety NUN 09248 TOF, or progeny of any of these, is encompassed herein. Haploid and doubled haploid (DH) plants can, for example, be produced by cell or tissue culture and chromosome doubling agents and regeneration into a whole plant. DH production chromosome doubling may be induced using known methods, such as colchicine treatment or the like. In one aspect, the method comprises inducing a cell or tissue culture with a chromosome doubling agent and regenerating the cells or tissues into a whole plant.

[113] In another aspect, the disclosure comprises a method for making doubled haploid cells from haploid cells of tomato variety NUN 09248 TOF comprising doubling cells of tomato variety NUN
09248 TOF with a doubling agent, such as colchicine treatment (see, e.g., Nikolova V, Niemirowicz-Szczytt K (1996) Acta Soc Bot Pol 65:311-317).

[114] In another aspect, the disclosure provides for haploid plants and/or doubled haploid plants derived from tomato variety NUN 09248 TOF that, when combined, make a set of parents of tomato variety NUN 09248 TOF. The haploid plant and/or the doubled haploid plant of variety NUN 09248 TOF can be used in a method for generating parental lines of tomato variety NUN
09248 TOF.

[115] Using methods known in the art such as "reverse synthesis of breeding lines" or "reverse breeding," it is possible to produce parental lines for a hybrid plant such as tomato variety NUN
09248 TOF. A skilled person can take any individual heterozygous plant (called a "phenotypically superior plant" in Example 2 of US 2015/0245570, tomato variety NUN 09248 TOF
is such plant) and generate a combination of parental lines (reverse breeding parental lines) that, when crossed, produce the variety NUN 09248 TOF. It is not necessary that the reverse breeding parental lines Date Recue/Date Received 2020-08-31 are identical to the original parental lines. Such new breeding methods are based on the segregation of individual alleles in the spores produced by a desired plant and/or in the progeny derived from the self-pollination of that desired plant, and on the subsequent identification of suitable progeny plants in one generation, or in a limited number of inbred cycles. Such a method is known from US 2015/0245570 or from Wijnker et al., Nature Protocols Volume: 9, Pages: 761-772 (2014) DOT: doi:10.1038/nprot.2014.049. Thus, the disclosure provides a method for producing parental lines for a hybrid organism (e.g., tomato variety NUN 09248 TOF), comprising in one aspect: a) defining a set of genetic markers present in a heterozygous form (H) in a partially heterozygous starting organism; b) producing doubled haploid lines from spores of the starting organism; c) genetically characterizing the doubled haploid lines thus obtained for the said set of genetic markers to determine whether they are present in a first homozygous form (A) or in a second homozygous form (B); and d) selecting at least one pair of doubled haploid lines that have complementary alleles for at least a subset of the genetic markers, wherein each member of the pair is suitable as a parental line for the hybrid organism.

[116] In another aspect, the method for producing parental lines of a hybrid organisms, e.g., of tomato variety NUN 09248 TOF, which when crossed reconstitute the genome of tomato variety NUN 09248 TOF, comprising:
a) defining a set of genetic markers that are present in a heterozygous form (H) in a partially heterozygous starting organism;
b) producing at least one further generation from the starting organism by self-pollination (e.g., F2 or F3 generation);
c) selecting at least one pair of progeny organisms in which at least one genetic marker from the set is present in a complementary homozygous form (B vs. A, or A vs. B); and d) optionally repeating steps b) and c) until at least one pair of progeny organisms that have complementary alleles for at least a subset of the genetic markers has been selected as parental lines for a hybrid.

[117] The disclosure also provides a method for producing parental lines for hybrid NUN 09248 TOF comprising: genetically characterizing a doubled haploid line from tomato variety NUN
Date Recue/Date Received 2020-08-31 09248 TOF to determine whether one or more genetic markers are present in a first homozygous form or in a second homozygous form in said line, wherein the one or more genetic markers are present in a heterozygous form in tomato variety NUN 09248 TOF; and selecting at least one pair of doubled haploid lines that have complementary alleles for the one or more the genetic markers, wherein each member of the pair is suitable as a parental line for a hybrid organism, optionally this method further comprises defining a set of genetic markers present in a heterozygous form in tomato variety NUN 09248 TOF; and producing doubled haploid lines from tomato variety NUN
09248 TOF. Doubled haploid lines generated as described herein can be used in such a method.

[118] Thus, in one aspect, the disclosure relates to a method of producing a combination of parental lines of a plant of variety NUN 09248 TOF comprising making doubled haploid cells from haploid cells or seed of that plant; and optionally crossing these parental lines to produce and collecting seeds. In another aspect, the disclosure relates to a combination of parental lines produced by this method. In still another aspect, the combination of parental lines can be used to produce a seed or plant of variety NUN 09248 TOF when these parental lines are crossed. In still another aspect, the disclosure relates to a combination of parental lines from which a seed or plant having all physiological and/or morphological characteristics of tomato variety NUN 09248 TOF
(when the characteristics are determined at the 5% significance level for plants grown under the same conditions).

[119] In another aspect, the disclosure provides a method of introducing a single locus conversion, single trait conversion, or a desired trait into tomato variety comprising:
a) obtaining a combination of a parental lines of tomato variety NUN 09248 TOF, optionally through reverse synthesis of breeding lines, b) introducing a single locus conversion, single trait conversion, or a desired trait in at least one of the parents of step a); and c) crossing the converted parent with the other parent of step a) to obtain seed of tomato variety NUN 09248 TOF.

[120] A combination of a male and a female parental line of tomato variety NUN
09248 TOF can be generated by methods described herein, for example, through reverse synthesis of breeding lines.

Date Recue/Date Received 2020-08-31

[121] In another aspect, the disclosure provides a method of introducing a single locus conversion, single trait conversion, or a desired trait into tomato variety NUN 09248 TOF, comprising introducing a single locus conversion, single trait conversion, or a desired trait in at least one of the parents of tomato variety NUN 09248 TOF; and crossing the converted parent with the other parent of tomato variety NUN 09248 TOF to obtain seed of tomato variety NUN 09248 TOF.

[122] In another aspect, the step of introducing a single locus conversion, single trait conversion, or a desired trait in at least one of the parents comprises:
a) obtaining a cell or tissue culture of cells of the parental line of tomato variety NUN
09248 TOF;
b) genetically transforming or mutating said cells;
c) growing the cells into a plant; and d) optionally selecting plants that contain the single locus conversion, the single trait conversion, or the desired trait.

[123] In another method, the step of introducing a single locus conversion, single trait conversion, or a desired trait in at least one of the parents comprises genetically transforming or mutating cells the parental line of tomato variety NUN 09248 TOF; growing the cells into a plant; and optionally selecting plants that contain the single locus conversion, the single trait conversion, or the desired trait.

[124] In another aspect, the step of introducing a single locus conversion, single trait conversion, or a desired trait in at least one of the parents comprises:
a) crossing the parental line of tomato variety NUN 09248 TOF with a second tomato plant comprising the single locus conversion, the single trait conversion, or the desired trait;
b) selecting F 1progeny plants that contain the single locus conversion, the single trait conversion, or the desired trait;
c) crossing said selected progeny plants of step b) with the parental line of step a) to produce a backcross progeny plant;

Date Recue/Date Received 2020-08-31 d) selecting backcross progeny plants comprising the single locus conversion, the single trait conversion or the desired trait and otherwise all or all but one, two or three of the morphological and physiological characteristics the parental line of step a) to produce selected backcross progeny plants; and e) optionally repeating steps c) and d) one or more times in succession to produce selected second, third or fourth or higher backcross progeny plants comprising the single locus conversion, the single trait conversion or the desired trait and otherwise all or all but one, two or three of the morphological and physiological characteristics the parental line of step a) to produce selected backcross progeny plants, when grown in the same environmental conditions.
The disclosure further relates to plants obtained by this method.

[125] In any of the above methods, where the single locus conversion, single trait conversion, or a desired trait concerns a trait, the trait may be yield or pest resistance or disease resistance. In one aspect, the trait is disease resistance and the resistance are conferred to Colorado potato beetle, Southern root knot nematode, Spider mites, Sugarfly beet army worm, Tobacco flea beetle, Tomato hornworm, Tomato fruitworm, Whitefly, Bacterial canker, Bacterial soft rot, Bacterial speck, Bacterial wilt (Pseudomonas syringae pv. Tomato), Bacterial, Anthracnose (Gloeosporium pperatum), Brown rot or corky root (Pyrenochaeta lycopersici), Alternaria, Fusarium wilt (F.
oxysporum races), Gray leaf spot (Stemphylium spp.), Late blight (Phytophthora infestans races), and Leaf mold (Cladosporium fulvum races), Nematode (Aleloidogyne spp.), Verticillium Wilt (Verticillium dahliae), Ralstonia solanacearum (Rs), Leveillula Taurica (Lt), and/or O/d/um neolycopersici (On). Other resistance genes, against pathogenic viruses (e.g., Tomato Mosaic Virus (ToMV), Curly TOF Virus, Tomato Mottle Virus, Potato Y Virus, Blotchey Ripening, Tobacco Etch Virus, the various Tobacco Mosaic Virus races, Concentric cracking, Tomato Spotted Wilt Virus (TSWV), Tomato Yellow Leaf Curl Virus (TYLCV), Gold Fleck, Tomato Torrado Virus (ToTV)), fungi, bacteria, nematodes, insects or other pests may also be introduced.

[126] The disclosure also provides a combination of parental lines which, when crossed, produce a seed or plant having all physiological and/or morphological characteristics of tomato variety NUN 09248 TOF but one, two or three which are different (when grown under the same environmental conditions), as well as a seed or plant having all physiological and/or morphological Date Recue/Date Received 2020-08-31 characteristics of tomato variety NUN 09248 TOF but one, two, or three which are different (when the numerical characteristics are determined at the 5% significance level and determined by type or degree for non-numerical characteristics for plants grown under the same environmental conditions).

[127] Also provided is a plant part obtainable from variety NUN 09248 TOF or from progeny of said variety or from a plant having all but one, two or three tomato variety 09248 TOF or from a vegetatively propagated plant of variety NUN 09248 TOF (or from its progeny or from a plant having all or all but one, two or three physiological and/or morphological characteristics which are different from those of tomato variety NUN 09248 TOF), wherein the plant part is a fruit, a harvested fruit, a part of a fruit, a leaf, a part of a leaf, pollen, an ovule, a cell, a petiole, a shoot or a part thereof, a stem or a part thereof, a root or a part thereof, a root tip, a cutting, a seed, a part of a seed, seed-coat or another maternal tissue which is part of a seed grown on tomato variety NUN 09248 TOF, or a hypocotyl, a cotyledon, a scion, a stock, a rootstock, a pistil, an anther, or a flower or a part thereof

[128] The disclosure also provides a combination of parental lines which, when crossed, produce a seed or plant having all physiological and/or morphological characteristics of tomato variety NUN 09248 TOF one, two or three which are different (when grown under the same environmental conditions), as well as a seed or plant having all physiological and/or morphological characteristics of tomato variety NUN 09220 TOF, but one, two or three which are different (when the characteristics are determined at the 5% significance level for plants grown under the same conditions).

[129] In another aspect, the disclosure provides a method of determining the genotype of a plant described herein comprising detecting in the genome (e.g., a sample of nucleic acids) of the plant at least a first polymorphism or an allele. The skilled person is familiar with many suitable methods of genotyping, detecting a polymorphism or detecting an allele including SNP
(Single Nucleotide Polymorphism) genotyping, restriction fragment length polymorphism identification (RFLP) of genomic DNA, random amplified polymorphic detection (RAPD) of genomic DNA, amplified fragment length polymorphism detection (AFLP), polymerase chain reaction (PCR), DNA
sequencing, allele specific oligonucleotide (ASO) probes, and hybridization to DNA microarrays or beads. Alternatively, the entire genome could be sequenced. The method may, in certain Date Recue/Date Received 2020-08-31 embodiments, comprise detecting a plurality of polymorphisms in the genome of the plant, for example by obtaining a sample of nucleic acid from a plant and detecting in said nucleic acids a plurality of polymorphisms. The method may further comprise storing the results of the step of detecting the plurality of polymorphisms on a computer readable medium.

[130] The disclosure also provides for a food or feed product comprising or consisting of a plant part described herein. Preferably, the plant part is a tomato fruit or part thereof and/or an extract from a fruit or another plant part described herein. The food or feed product may be fresh or processed, e.g., dried, grinded, powdered, pickled, chopped, cooked, roasted, in a sauce, in a sandwich, pasted, puréed or concentrated, juiced, pickled, canned, steamed, boiled, fried, blanched and/or frozen, etc.

[131] Marketable tomato fruits are generally sorted by size and quality after harvest.
Alternatively, the tomato fruits can be sorted by expected shelf life, pH, or Brix.

[132] Tomato variety NUN 09248 TOF may also be grown for use as rootstocks (stocks) or scions. Typically, different types of tomatoes are grafted to enhance disease resistance, which is usually conferred by the rootstock, while retaining the horticultural qualities usually conferred by the scion. It is not uncommon for grafting to occur between cultivated tomato varieties and related tomato species. Methods of grafting and vegetative propagation are well-known in the art.

[133] In another aspect, the disclosure provides to a plant comprising a rootstock or scion of tomato variety NUN 09248 TOF.

[134] References:
UPOV, Guidelines for the Conduct of Tests for Distinctness, Uniformity and Stability, TG/13/11, March 2013.
US Department of Agriculture, Agricultural Marketing Service, Objective Description of Variety Tomato (Solanum lycopersicum or Lycopersicon esculentum Mill), June 2015.
Acquaah, Principles of Plant Genetics and Breeding, 2007, Blackwell Publishing, ISBN-13: 978-1-4051-3646-4 .
Bhatia, P., et al., Tissue Culture Studies of Tomato (Lycopersicum esculentum), Plant Cell, Tissue and Organ Culture, 2004, vol. 78, pp. 1-21.
Date Recue/Date Received 2020-08-31 Hartz, et. al., "Processing Tomato Production in California," University of California Division of Agriculture and Natural Resources, 2008, Publication 7228, pp. 1-5.
Ince, A. G., et al., Genetic Relationship Within and Between Capsicum Species, Biochem Genet, 2010, vol. 48, pp. 83-95.
Needleman, S.B., et. al., A General Method Applicable to the Search for Similarities in the Amino Acid Sequence of Two Proteins, Journal of Molecular Biology, 1970, vol. 48(3), pp. 443-53.
Nikolova, V., et. al., Diploidization of Cucumber (Cucumis sativus L.) Haploids by Colchini Treatment,Acta Societas Botanicorum Poloniae, 1996, vol. 65, pp. 311-317.
Pisanu, A. B., et. al., "Yield and Biometric Characteristics of 9 Clones Selected from the Population of "Spinoso sardo "Artichokes, Acta Hort., 2004, ISHS 660, pp. 83-89.
Rice et al., EMBOSS: The European Molecular Biology Open Software Suite, Trends in Genetics, 2000, vol. 16, Issue 6. pp. 276-277.
Sharifova, S., et. al., "Assessment of Genetic Diversity in Cultivated Tomato (Solanum lycopersicum L.) Genotypes Using RAPD Primers", Journal of Horticultural Research, 2013, vol.
21, no. 1, pp. 83-89.
Strange, et. al., "Fresh-Market Tomato Production in California," University of California Division of Agriculture and Natural Resources, 2000, Publication 8017, pp. 1-8.
Vidaysky F, Czosnek H., 1998, Tomato Breeding Lines resistant and tolerant to tomato yellow leaf curl virus issued from Lycopersicum hirsutum, Phytopathology, Sep;88(9):910-4.
Vos, P., et al., AFLP: A New Technique for DNA Fingerprinting 1995, Nucleic Acids Research, 1995, vol. 23, No. 21, pp. 4407-4414.
Wijnker, E., et al., Hybrid Recreation by Reverse breeding in Arabidopsis thaliana, Nature Protocols, 2014, vol. 9, pp. 761-772.

Date Recue/Date Received 2020-08-31 Development of Tomato Variety NUN 09248 TOF

[135] The hybrid variety NUN 09248 TOF was developed from a male and female proprietary inbred line of Nunhems, selected mainly for its fruit size. The female and male parents were crossed to produce hybrid (F1) seeds of tomato variety NUN 09248 TOF. The seeds of tomato variety NUN 09248 TOF can be grown to produce hybrid plants and parts thereof (e.g., tomato fruit). The hybrid variety NUN 09248 TOF can be propagated by seeds or vegetatively.

[136] The hybrid variety is uniform and genetically stable. This has been established through evaluation of horticultural characteristics. Several hybrid seed production events resulted in no observable deviation in genetic stability. Coupled with the confirmation of genetic stability of the female and male parents the Applicant has concluded that tomato variety NUN
09248 TOF is uniform and stable.
Deposit Information

[137] A total of 2500 seeds of the hybrid variety NUN 09248 TOF has been deposited according to the Budapest Treaty by Nunhems B.V. on July 22, 2020, at the NCIMB Ltd., Ferguson Building, Craib stone Estate, Bucksburn, Aberdeen AB21 9YA, United Kingdom (NCIMB). The deposit has been assigned NCIMB number 43643. A statement indicating the viability of the sample has been provided. A deposit of tomato variety NUN 09248 TOF and of the male and female parent line is also maintained at Nunhems B.V. The seed lot number for tomato variety NUN
09248 TOF is 28394301002.

[138] The deposit will be maintained in NCIMB for a period of 30 years, or 5 years after the most recent request, or for the enforceable life of the patent whichever is longer and will be replaced if it ever becomes nonviable during that period. Access to the deposit will be available during the pendency of this application to persons determined by the Director of the U.S.
Patent Office to be Date Recue/Date Received 2020-08-31 entitled thereto upon request. All restrictions imposed by the depositor on the availability to the public of the deposited material will be irrevocably removed upon the granting of the patent.
Applicant does not waive any rights granted under this patent on this application or under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.). Accordingly, the requirements of 37 CFR 1.801-1.809 has been satisfied.
Characteristics of Tomato Variety NUN 09248 TOF

[139] The most similar variety to NUN 09248 TOF is Sweetelle, a variety from Syngenta.

[140] In Tables 1 and 2, a comparison between tomato variety NUN 09248 TOF and the Reference Variety is shown based on a trial in the Netherlands during the trial season 2017.

[141] Two replications of 12 plants of each variety, from which at least 10 plants or plant parts were randomly selected and were used to measure characteristics. For numerical characteristics averages were calculated. For non-numerical characteristics, the type/degree were determined.

[142] In one aspect, the disclosure provides a plant having the physiological and morphological characteristics of tomato variety NUN 09248 TOF as presented in Tables 1 and 2.
Table 1. Characteristics of Tomato Variety NUN 09248 TOF and the Reference Variety Characteristics Application Variety Reference Variety (NUN 09248 TOF) (Sweetelle) Seedling:
Anthocyanin coloration of hypocotyl: Present Present 1= Absent; 2= Present Plant:
Growth type: 1= Determinate; 2= Indeterminate Indeterminate Indeterminate; 3= Semi-determinant;
4= Semi indeterminant Plant height: 1= Very short; 3= Short; Very long Medium to long 5= Medium; 7= Long; 9= Very long Stem:
Anthocyanin coloration: 1= Absent or Absent or very weak Weak very weak; 3= Weak; 5= Medium; 7=
Strong; 9= Very strong Length of internode: 3= Short; 5= Medium to long Medium Medium; 7= Long Leaf Date Recue/Date Received 2020-08-31 Characteristics Application Variety Reference Variety (NUN 09248 TOF) (Sweetelle) Attitude: 1= Erect; 2= Semi-erect; 5= Semi-drooping Horizontal to semi-Horizontal; 7= Semi-drooping; 9= drooping Drooping Length: 3= Short; 5= Medium; 7= Long Long Long Width: 3= Narrow; 5= Medium; 7= Broad Medium Broad Type of blade: 1= Pinnate; 2= Bipinnate Bipinnate Bipinnate Size of leaflets (in middle of leaf): 1= Small Medium to large Very small; 3= Small; 5= Medium; 7=
Large; 9= Very large Intensity of green color: 1= Very light; Dark Dark 3= Light; 5= Medium; 7= Dark; 9=
Very dark Glossiness: 3= Weak; 5= Medium; 7= Medium Medium Strong Blistering: 3= Weak; 5= Medium; 7= Medium Weak to medium Strong Attitude of petiole of leaflet in relation Semi-erect Semi-erect to main axis: 3= Semi-erect; 5=
Horizontal; 7= Semi-drooping Flower:
Inflorescence type: 1= Mainly Equally uniparous and Mainly multiparous uniparous; 2= Equally uniparous and multiparous multiparous; 3= Mainly multiparous Color: 1= Yellow; 2= Orange Yellow Yellow Pubescence of style: 1= Absent or Present Present very scarce; 9= Present Peduncle:
Abscission layer: 1= Absent; 2= Present Present Present Pedicel length: 3= Short; 5= Medium; Medium Medium 7= Long Fruit:
Green shoulder (before maturity): 1= Present Present Absent; 9= Present Extent of green shoulder (before Medium Medium to large maturity): 1= Very small; 3= Small;
5= Medium; 7= Large Intensity of green color of shoulder Medium Dark (before maturity): 3= Light; 5=
Medium; 7= Dark Date Recue/Date Received 2020-08-31 Characteristics Application Variety Reference Variety (NUN 09248 TOF) (Sweetelle) Intensity of green color excluding Medium Light to medium shoulder (before maturity): 1= Very light; 3= Light; 5= Medium; 7= Dark;
9= Very dark Green stripes (before maturity): 1= Absent Absent Absent; 9= Present Size: 1= Very small; 2= Very small to Small Very small to small small; 3= Small; 4= Small to medium;
5= Medium; 6= Medium to large; 7=
Large; 8= Large to very large; 9=
Very large Weight of ripened fruit (grams): 15 g 12g Shape in longitudinal section: 1= Cordate Cordate Flattened; 2= Oblate; 3= Circular; 4=
Oblong; 5= Cylindrical; 6= Elliptic;
7= Cordate; 8= Ovate; 9= Obovate;
10= Pyriform; 11= Obcordate Ribbing at peduncle end: 1= Absent or Medium Very weak to weak very weak; 3= Weak; 5= Medium; 7=
Strong; 9= Very strong Depression at peduncle end: 1= Medium Very weak to weak Absent or very weak; 3= Weak; 5=
Medium; 7= Strong; 9= Very strong Size of peduncle scar: 1= Very small; Very small Very small 3= Small; 5= Medium; 7= Large; 9=
Very large Size of blossom scar: = Very small; 3= Very small Very small Small; 5= Medium; 7= Large; 9= Very large Shape at blossom end: 1= Indented; 2= Indented to flat Indented to flat Indented to flat; 3= Flat; 4= Flat to pointed; 5= Pointed Size of core in cross section; 1= Very Very small Very small to small small; 3= Small; 5= Medium; 7=
Large; 9= Very thick Thickness of pericarp: 1= Very thin; Thin Very thin to thin 3= Thin; 5- Medium; 7= Thick; 9=
Very thick Number of locules: 1= Only two; 2= Only two Only two Two or three; 3= Three or four; 4=
Four, five, or six; 5= More than six Color of immature fruit: Green Green Date Recue/Date Received 2020-08-31 Characteristics Application Variety Reference Variety (NUN 09248 TOF) (Sweetelle) Color at maturity: 1= Cream; 2= Red Red Yellow; 3= Orange; 4= Pink; 5= Red;
6= Brown; 7= Green Color of flesh (at maturity): 1= Cream; Red Red 2= Yellow; 3= Orange; 4= Pink; 5=
Red; 6= Brown; 7= Green Glossiness of skin: 1= Weak; 2= Strong Medium Medium; 3= Strong Color of epidermis: 1= Colorless; 2= Colorless Colorless Yellow Firmness: 1= Very soft; 3= Soft; 5= Firm Firm Medium; 7= Firm; 9= Very firm Shelf life: 1= Very short; 3= Short; 5= Very long, 24 days Very long, 24 days Medium; 7= Long/ 9= Very long Maturity:
Time of flowering (50% of the plants Medium Early to medium with at least one open flower from seed sowing): 3= Early; 5= Medium;
7= Late Time of maturity: 1= Very early; 3= Very early to early Very early to early Early; 5= Medium; 7= Late; 9= Very late Table 2. Disease Resistances of Tomato Variety NUN 09248 TOF and the Reference Variety Resistances Application Variety Reference Variety (NUN 09248 TOF) (Sweetelle) Meloidoygne incognita (Mi) Not tested Resistant 1= Susceptible; 2= Intermediate Resistant; 3= Resistant Verticillium dahliae Race 0 Absent Absent 1= Absent; 9= Present Fusarium oxysporum f. sp. Absent Present Lycopersici Race 0 1= Absent; 9= Present Fusarium oxysporum f. sp. Absent Absent Lycopersici Race 1 1= Absent; 9= Present Fusarium oxysporum f. sp. Absent Not observed Lycopersici Race 2 1= Absent; 9= Present Date Recue/Date Received 2020-08-31 Resistances Application Variety Reference Variety (NUN 09248 TOF ) (Sweetelle) Fusarium oxysporum f. sp. radicis Absent Absent lycopersici 1= Absent; 9= Present Fulvia fulva Race 0 Not tested Not tested 0= not tested; 1= Absent; 9= Present Fulvia fulva Group A Present Present 1= Absent; 9= Present Fulvia fulva Group B Present Present 1= Absent; 9= Present Fulvia fulva Group C Present Present 1= Absent; 9= Present Fulvia fulva Group D Present Present 1= Absent; 9= Present Fulvia fulva Group E Present Present 1= Absent; 9= Present Tomato Mosaic Virus (ToMV) Strain Present Present 1= Absent; 9= Present Tomato Mosaic Virus (ToMV) Strain Present Present 1= Absent; 9= Present Tomato Mosaic Virus (ToMV) Strain Present Present 1= Absent; 9= Present Tomato Mosaic Virus (ToMV) Strain Present Present 1= Absent; 9= Present Phytophthora infestans Absent Absent 1= Absent; 9= Present Pyrenochaeta lycopersici Not tested Not tested 0= not tested; 1= Absent; 9= Present Stemphylium spp. Not tested Not tested 0= not tested; 1= Absent; 9= Present Pseudomonas syringae pv tomato Not tested Not tested 0= not tested; 1= Absent; 9= Present Ralstonia solanacearum Race 1 Not tested Not tested 0= not tested; 1= Absent; 9= Present Tomato Yellow Leaf Curl Virus Absent Absent (TYLCV) 1= Absent; 9= Present Tomato Spotted Wilt Virus Race 0 Absent Absent 1= Absent; 9= Present Leveillula Taurica Not tested Not tested 0= not tested; 1= Absent; 9= Present Date Recue/Date Received 2020-08-31 Resistances Application Variety Reference Variety (NUN 09248 TOF) (Sweetelle) Old/urn neolypersici Not tested Not tested 0= not tested; 1= Absent; 9= Present Torrado Virus Not tested Not tested 0= not tested; 1= Absent; 9= Present Table 3. Distinguishing Characteristics between Tomato Variety NUN 09248 TOF
and the Reference Variety Characteristics Application Variety Reference Variety (NUN 09248 TOF) (Sweetelle) Plant height:
Plant height: 1= Very short; 3= Short; Very long Medium to long 5= Medium; 7= Long; 9= Very long Leaf Attitude: 1= Erect; 2= Semi-erect; 5= Semi-drooping Horizontal to semi-Horizontal; 7= Semi-drooping; 9= drooping Drooping Width: 3= Narrow; 5= Medium; 7= Broad Medium Broad Size of leaflets (in middle of leaf): 1= Small Medium to large Very small; 3= Small; 5= Medium; 7=
Large; 9= Very large Flower:
Inflorescence type: 1= Mainly Equally uniparous and Mainly multiparous uniparous; 2= Equally uniparous and multiparous multiparous; 3= Mainly multiparous Fruit:
Intensity of green color of shoulder Medium Dark (before maturity): 3= Light; 5=
Medium; 7= Dark Weight of ripened fruit (grams): 15 g 12g Ribbing at peduncle end: 1= Absent or Medium Very weak to weak very weak; 3= Weak; 5= Medium; 7=
Strong; 9= Very strong Depression at peduncle end: 1= Medium Very weak to weak Absent or very weak; 3= Weak; 5=
Medium; 7= Strong; 9= Very strong Date Recue/Date Received 2020-08-31

Claims (53)

CLAIMS:

1. A cell of tomato plant variety NUN 09248 TOF, or a cell of a part thereof, wherein the representative sample of seed of said tomato variety is deposited under Accession Number 43643.

2. A cell of a seed of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number 43643.

3. A cell of a plant or a cell of a part thereof, produced by growing the seed as defined in claim 2.

4. A cell of a seed that produces the plant as defined in claim 1.

5. A cell of a plant part of claim 1, wherein the plant part is a leaf, pollen, an ovule, a fruit, a scion, a root, a rootstock, a cutting, or a flower.

6. The cell of a plant part of claim 5, when the plant part is a fruit or part thereof.

7. A cell of a tomato plant having all of the physiological and morphological characteristics of the tomato plant as defined in claim 1.

8. A cell of a tomato plant or a cell of a part thereof, which does not differ from the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF
listed in Table 1, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

9. A tissue or cell culture of regenerable cells of the plant as defined in claim 1.

10. The tissue or cell culture according to claim 9, comprising cells or protoplast from a plant part, wherein the plant part is a meristem, a cotyledon, a hypocotyl, a pollen, a leaf, an anther, a root, a root tip, a pistil, a petiole, a flower, a fruit, a stalk, or a stem.

11. A cell of a tomato plant regenerated from the tissue or cell culture of claim 9, wherein the plant has all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein Date Recue/Date Received 2020-08-31 a representative sample of seed of said variety is deposited under Accession Number NCIMB
43643.

12. A cell of a tomato plant produced by vegetatively propagating at least a part of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

13. The cell of claim 12, wherein said vegetative propagation comprises regenerating a whole plant from said part of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

14. The cell of claim 12, wherein said part is a cutting, a cell culture, or a tissue culture.

15. A cell of a vegetatively propagated tomato plant, or a cell of a part thereof, wherein the plant or part thereof have all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

16. A cell of a tomato plant produced by a method comprising crossing the plant as defined in claim 1 with a second tomato plant at least once, and selecting a progeny tomato plant from said crossing and optionally allowing the progeny tomato plant to form seed.

17. A cell of a tomato plant produced by a method comprising selfing the plant as defined in claim 1 one or more times, and selecting a progeny tomato plant from said selfing selfing and optionally allowing the progeny tomato plant to form seed.

18. A cell of a tomato plant produced by a method comprising crossing tomato plants and harvesting the resultant seed, wherein at least one tomato plant is the plant as defined in claim 1, wherein a representative sample of seed of said tomato variety NUN 09248 TOF is deposited under NCIMB Accession Number 43643.

19. A cell of the tomato seed produced by the method as defined in claim 18.
Date Recue/Date Received 2020-08-31

20. A cell of the tomato plant or a cell of part thereof produced by a method comprising growing the seed as defined in claim 19.

21. A cell of a tomato plant having one physiological or morphological characteristic which is different from those of the plant as defined in claim 1, and which otherwise has all of the physiological and morphological characteristics of the plant of tomato variety TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

22. A cell of a single locus converted plant of tomato variety NUN 09248 TOF, wherein the plant has otherwise all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF when grown under the same environmental conditions, wherein the single locus is introduced by genetic transformation, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

23. The cell of claim 22, wherein the single locus conversion confers yield, size, compactness, dry matter content, firmness, flavor, fruit quality, enhanced nutritional quality, post-harvest quality, storage properties, color, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, Powdery mildew resistance without necrosis, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism, or ripening.

24. A cell of a doubled haploid tomato plant produced by a method of making doubled haploids from haploid cells made from the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

25. A cell of a tomato plant produced by a method comprising transforming the plant of tomato variety NUN 09248 TOF with a transgene that confers the desired trait, wherein the transformed plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF and contains the desired trait, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

Date Recue/Date Received 2020-08-31

26. The cell of claim 25, wherein the desired trait is the desired trait is yield, size, compactness, dry matter content, firmness, flavor, fruit quality, enhanced nutritional quality, post-harvest quality, storage properties, color, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, Powdery mildew resistance without necrosis, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism, or ripening.

27. A cell of a tomato plant having a trait, produced by a method comprising mutating a plant or plant part tomato variety NUN 09248 TOF and selecting a mutated plant with a desired trait, wherein the mutated plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

28. The cell of claim 27, wherein the desired trait is yield, size, compactness, dry matter content, firmness, flavor, fruit quality, enhanced nutritional quality, post-harvest quality, storage properties, color, male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, Powdery mildew resistance without necrosis, environmental stress tolerance, modified carbohydrate metabolism, modified protein metabolism, or ripening.

29. A cell of a tomato plant produced by a method comprising growing a plant as defined in claim 1 until it sets at least one fruit and collecting the fruit.

30. A method of determining the genotype of the plant as defined in claim 1, comprising obtaining a sample of nucleic acids form said plant and detecting in said nucleic acids a plurality of polymorphisms, thereby determining the genotype of the plant and storing the results of detecting the plurality of polymorphisms on a computer readable medium.

31. A method comprising packaging seeds as defined in claim 2 in a container.

32. A method comprising packaging a tomato fruit as defined in claim 5 in a container.

33. Use of a tomato plant as defined in claim 1 as a scion or a rootstock.

Date Recue/Date Received 2020-08-31

34. Use of a tomato fruit or part thereof as defined in claim 5 as a food, a feed product, or a processed product, or to produce a food, a feed, or a processed product.

35. Use of a tomato plant variety NUN 09248 TOF, or a part thereof, for producing a seed, a crop, or a food or a processed product, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

36. Use of a seed of tomato variety NUN 09248 TOF, for producing tomato plants, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

37. Use of a tomato plant having all of the physiological and morphological characteristics of the tomato plant as defined in claim 1 for producing a seed, a crop, or a food or a processed product.

38. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant or a part thereof which does not differ from the physiological and morphological characteristics of tomato variety NUN 09248 TOF CUL listed in Table 1, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

39. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant regenerated from the tissue or cell culture as defined in claim 9, wherein the plant has all of the physiological and morphological characteristics of tomato variety NUN
09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

40. Use of a vegetatively propagated plant to produce a seed, a crop, or a food or a processed product, wherein the vegetatively propagated plant has all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

Date Recue/Date Received 2020-08-31

41. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant produced by crossing a plant as defined in claim 1 with a second tomato plant at least once, and selecting a progeny tomato plant from said crossing and optionally allowing the progeny tomato plant to form seed.

42. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant produced by selfing the plant as defined in claim 1 one or more times, and selecting a progeny tomato plant from said selfing and optionally allowing the progeny tomato plant to form seed.

43. Use of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, to cross with a second tomato plant.

44. Use of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, and a second tomato plant to produce a tomato seed.

45. Use of the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, and a second tomato plant to produce a descendant plant.

46. Use of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under NCIMB Accession Number 43643, to breed a tomato plant.

47. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant having one physiological or morphological characteristic which is different from those of the plant as defined in claim 1, and which otherwise has all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

48. Use, for producing a seed, a crop, or a food or a processed product, of a single locus converted plant, wherein the plant has otherwise all of the physiological and morphological characteristics of the plant of tomato variety NUN 09248 TOF when grown under the same Date Recue/Date Received 2020-08-31 environmental conditions, wherein the single locus is introduced by genetic transformation, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

49. Use of tomato variety NUN 09248 TOF, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643, as a recipient of a single locus conversion.

50. Use, for producing a seed, a crop, or a food or a processed product, of a doubled haploid of tomato variety NUN 09248 TOF produced by making doubled haploids from haploid cells made from the plant of tomato variety NUN 09248 TOF, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

51. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant produced by a method comprising transforming the plant of tomato variety NUN 09248 TOF
with a transgene that confers the desired trait, wherein the transformed plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN
09248 TOF and contains the desired trait, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.

52. Use of tomato variety NUN 09248 TOF, and wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643, a recipient of a transgene.

53. Use, for producing a seed, a crop, or a food or a processed product, of a tomato plant having a trait, wherein the tomato plant is produced by a method comprising mutating a plant or plant part tomato variety NUN 09248 TOF and selecting a mutated plant with a desired trait, wherein the mutated plant otherwise retains all of the physiological and morphological characteristics of tomato variety NUN 09248 TOF, when grown under the same environmental conditions, wherein a representative sample of seed of said tomato variety is deposited under Accession Number NCIMB 43643.
Date Recue/Date Received 2020-08-31