WO2016036923A1

WO2016036923A1 - Methods and compositions for recombination a gene-deficient strains of agrobacterium tumefaciens

Info

Publication number: WO2016036923A1
Application number: PCT/US2015/048273
Authority: WO
Inventors: Manju Gupta; Sara BENNETT; Sandeep Kumar; Donald Merlo; Nagesh Sardesai
Original assignee: Dow Agrosciences Llc
Priority date: 2014-09-04
Filing date: 2015-09-03
Publication date: 2016-03-10
Also published as: BR102015021321A2; IL250915A0; US9765350B2; CA2959646A1; US20160068851A1; EP3189144A4; MX2017002867A; CN107075528A; KR20170044742A; PH12017500410A1; EP3189144A1; AU2015311918A1; JP2017527292A

Abstract

The present disclosure provides novel compositions and methods for the production and use of Agrobacterium tumefaciens strains (for example LBA4404) that are deficient in RecA activity relative to the parent strain. Combinations with other gene-deficient-strains of Agrobacterium tumefaciens are also disclosed. Specifically, two exemplary s recA minus strains, UIA777 where chloramphenicol resistant gene disrupting the recA gene and UIA770 where kanamycin resistant gene disrupting the recA gene are provided.

Description

METHODS AND COMPOSITIONS FOR RECOMBINATION A GENE-DEFICIENT STRAINS OF AGROBACTERIUM TUMEFACIENS

CROSS REFERENCE TO RELATED APPLICATIONS

[0001] This application claims the benefit under 35 USC § 119(e) of U.S. Provisional

Application Serial No. 62/045,947, filed on September 4, 2015, the entire disclosure of which is incorporated herein by reference.

REFERENCE TO SEQUENCE LISTING SUBMITTED ELECTRONICALLY

[0002] The official copy of the sequence listing is submitted electronically via EFS Web as an ASCII formatted sequence listing with a file named "76018_ST25.txt", created on, September 2, 2015, and having a size of 73.9 kilobytes and is filed concurrently with the specification. The sequence listing contained in this ASCII formatted document is part of the specification and is herein incorporated by reference in its entirety.

BACKGROUND OF THE INVENTION

[0003] Agwbacterium-mediated transformation of plants results in the integration of a

T-strand within the genome of the plant cell. The T-strand contains gene expression cassettes that are made up of gene regulatory elements that have been precisely engineered to link a promoter to a gene of interest and 3' untranslated region (UTR). The sequences are precisely engineered in relation to one another to optimally drive expression of the gene of interest to produce protein. The stability of the gene regulatory elements is crucial for the optimal expression of the gene of interest. Minor modification of the polynucleotide sequences that are contained within the T-strand can reduce or even eliminate expression of the gene of interest.

[0004] The Agrobacterium tumefaciens (LBA4404) strain is commonly used for integrating a T-strand within the genome of the plant cell. See Ooms, G., Hooykaas, P. J. J., Van Veen, R. J. M., Van Beelen, P., Regensburg-Tuienk, T. J. G., and R. A. Schilperoort (1982 "Octopine Ti-plasmid deletion mutants of Agrobacterium tumefaciens with emphasis on the right side of the T-region." Plasmid 7: 15-29; Hoekema, A., Hirsch, P. R., Hooykaas, P. J. J., and R. A. Schilperoort (1983) "A binary plant vector strategy based on separation of vir- and T- region of the Agrobacterium tumefaciens Ti-plasmid." Nature 303: 179-180; and, de Frammond, A. J., Barton K. A., and M-D. Chilton (1983) "Mini-Ti: a new vector strategy for plant genetic engineering". Biotechnology 1: 262-269.

[0005] Despite the extensive use of A. tumefaciens (LBA4404) over the last thirty years, it has been observed that the plasmids transformed within this strain become unstable upon transformation within the strain. Gene regulatory elements, especially those elements that are repeated, have been observed to recombine within the A. tumefaciens (LBA4404) strain. This instability results in reduced plant transformation efficiency and the need to thoroughly screen potential transgenic plants for unaltered T-strand sequences. Given the instability of the plasmids transformed within this strain, a need exists for development of Agwbacterium tumefaciens (LBA4404) strains that do not possess recombination properties, and that can stably maintain a plasmid without rearrangements of the genetic elements located within the plasmid.

[0006] Thus, there remains a need for stains of Agwbacterium tumefaciens with improved plasmid stability. In particular, development for stains of Agwbacterium tumefaciens with deficiency in genetic recombination pathways would be desirable.

SUMMARY OF THE INVENTION

[0007] The present disclosure provides novel compositions and methods for the production and use of Agwbacterium tumefaciens strains (for example LBA4404) that are deficient in RecA activity relative to the parent strain. Combinations with other gene-deficient- strains of Agwbacterium tumefaciens are also disclosed. Specifically, two exemplary s recA minus strains, UIA777 where chloramphenicol resistant gene disrupting the recA gene and UIA770 where kanamycin resistant gene disrupting the recA gene are provided.

[0008] In one aspect, provided are modified strains of Agwbacterium tumefaciens, wherein said modified strain is deficient in a genetic recombination pathway relative to its parent strain.

[0009] In one embodiment, the modified strain is deficient in at least one recombination pathway selected from the group consisting of RecA, RecB, RecD, RecF, RecG, RecJ, RecN, RecO, RecQ, RecR, and RecX. In another embodiment, the modified strain is deficient in RecA activity. In a further embodiment, the recA gene comprises a polynucleotide sequence having at least 60%, 65%, 70%, 75%, 80%, 85%, 90%, 95%, 98%, or 100% sequence identity with SEQ ID NO: 10 or 11. In another embodiment, the modified strain is also deficient in an activity selected from the group consisting of RecB, RecD, RecF, RecG, RecJ, RecN, RecO, RecQ, RecR, and RecX.

[0010] recA gene and RecA protein sequences are set forth in SEQ ID NOs: 10 and 12, respectively. recB gene and RecB protein sequences are set forth in SEQ ID NOs: 13 and 14, respectively. recD gene and RecD protein sequences are set forth in SEQ ID NOs: 15 and 16, respectively. recF gene and RecF protein sequences are set forth in SEQ ID NOs: 17 and 18, respectively, recG gene and RecG protein sequences are set forth in SEQ ID NOs: 19 and 20, respectively, red gene and RecJ protein sequences are set forth in SEQ ID NOs: 21 and 22, respectively, recN gene and RecN protein sequences are set forth in SEQ ID NOs: 23 and 24, respectively, recO gene and RecO protein sequences are set forth in SEQ ID NO: 25 and 26, respectively, recQ gene and RecQ protein sequences are set forth in SEQ ID NO: 27 and 28, respectively, recR gene and RecR protein sequences are set forth in SEQ ID NO: 29 and 30, respectively, recX gene and RecX protein sequences are set forth in SEQ ID NO: 31 and 32, respectively.

[0011] In another embodiment, a genomic recA gene is modified by a deletion, a rearrangement, or an insertion of a sequence in the recA gene. In another embodiment, a genomic recA gene is modified by inserting a sequence within the recA gene, thereby disrupting expression of RecA protein. In a further embodiment, the inserted sequence comprises a selectable marker gene. In another embodiment, the selectable marker comprises an antibiotic resistance gene selected from the group consisting of a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof. In a further embodiment, the antibiotic resistance gene comprises a chloramphenicol resistance gene or a kanamycin resistance gene.

[0012] In one embodiment of the modified strain, RecA activity is undetectable in extracts prepared from said strain. In another embodiment, RecA protein is undetectable using Western blot analysis. In another embodiment, RecA mRNA is undetectable using Northern blot analysis. In another embodiment, recA gene is undetectable using Southern blot analysis.

[0013] In one embodiment, the recA gene encodes a protein of SEQ ID NO: 12. In another embodiment, the strain comprises a Ti plasmid. In a further embodiment, the Ti plasmid comprises a pAL4404 Ti plasmid, or is derived from pAL4404 Ti plasmid.

[0014] In one embodiment, the strain comprises a binary plasmid. In a further embodiment, the binary plasmid comprising a gene of an agronomic trait selected from the group consisting of an insecticidal resistance trait, herbicide tolerance trait, nitrogen use efficiency trait, water use efficiency trait, nutritional quality trait, DNA binding trait, selectable marker trait, and combinations thereof. In another embodiment, the strain comprises a ternary plasmid. In another embodiment, the parent strain is Agrobacterium tumefaciens (LBA4404).

[0015] In another aspect, provided are plasmids comprising a modified recA gene from

Agrobacterium tumefaciens, wherein the recA gene has at least 60%, 65%, 70%, 75%, 80%, 85%, 90%, 95%, 98%, or 100% sequence identity to SEQ ID NO: 10 or 11 before modification, and the modified recA gene is deficient in expression of RecA protein. [0016] In one embodiment, the modification comprises the insertion of a donor sequence within the recA gene or SEQ ID NO: 10 or 11. In a further embodiment, the donor sequence comprises a selectable marker gene. In another embodiment, the selectable marker gene comprises an antibiotic resistance gene selected from a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof. In a further embodiment, the antibiotic resistance gene comprises a chloramphenicol resistance gene or a kanamycin resistance gene. In another embodiment, at least one end of the donor sequence is flanked by at least a 43 base pair fragment of SEQ ID NO: 10 or 11

[0017] In another aspect, provided are method of generating an Agwbacterium tumefaciens strain deficient in a genetic recombination pathway relative to its parent strain. The methods comprise

(a) providing a knock-out plasmid directed to the recA gene;

(b) introducing the knock-out plasmid into the Agwbacterium tumefaciens strain;

(c) selecting and screening the colonies comprising a genomic mutation; and,

(d) identifying at least one mutated Agwbacterium tumefaciens with a genomic mutation of recA.

[0018] In one embodiment, the recA gene has at least 60%, 65%, 70%, 75%, 80%, 85%,

90%, 95%, 98%, or 100% sequence identity to SEQ ID NO: 10 or 11. In another embodiment, the knock out plasmid induces a mutation selected from the group consisting of a genomic deletion, a genomic rearrangement, a genomic insertion, and combinations thereof. In a further embodiment, the genomic insertion comprises a sequence encoding a selectable marker. In another embodiment, the selectable marker gene comprises an antibiotic resistance gene selected from a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof. In a further embodiment, the antibiotic resistance gene comprises a chloramphenicol resistance gene or a kanamycin resistance gene.

[0019] In another aspect, provided are transgenic events comprising (a) a T-strand insert flanked by an upstream genomic DNA border sequence and (b) a downstream genomic DNA border sequences, wherein the transgenic event comprises integration of the T-strand from a modified strain of Agwbacterium tumefaciens, which is deficient in a genetic recombination pathway relative to its parent strain.

[0020] In one embodiment, the T-strand from the modified strain of Agwbacterium tumefaciens is integrated within genomes of targeted plant cells which are used to regenerate the transgenic event. In another embodiment, the transgenic events further comprise an agronomic trait. In a further embodiment, the agronomic trait is selected from the group consisting of an insecticidal resistance trait, herbicide tolerance trait, nitrogen use efficiency trait, water use efficiency trait, nutritional quality trait, DNA binding trait, selectable marker trait, and combinations thereof. In another embodiment, the transgenic event is a dicotyledonous plant or a monocotyledonous plant.

[0021] In another embodiment, the dicotyledonous plant or monocotyledonous plant is selected from the group consisting of barley, canola, coffee, corn, cotton, flax, grapevine, hops, mustard, nuts, oat, poppy, rape, rice, rubber plant, rye, sunflower, sorghum, soybean, sugar cane, tea, tobacco, and wheat. In another embodiment, the dicotyledonous plant or monocotyledonous plant is selected from the group consisting of corn, wheat, cotton, rice, soybean, and canola. In another embodiment, the dicotyledonous plant or monocotyledonous plant is selected from the group consisting of banana, pineapple, citrus, grapes, watermelon, cantaloupe, muskmelon, and other melons, apple, peach, pear, cherry, kiwifruit, mango, nectarine, guava, papaya, persimmon, pomegranate, avocado, fig, citrus, and berries.

[0022] In another aspect, provided are methods of producing a transgenic plant. The methods comprise

(a) contacting targeted plant cells with a modified strain of Agwbacterium tumefaciens, which is deficient in a genetic recombination pathway relative to its parent strain;

(b) selecting and screening plant cells comprising DNA from said Agwbacterium strain integrated into genome of the targeted plant cells; and

(c) regenerating whole transgenic plants from plant cells selected/screened in step (b).

[0023] In one embodiment, the selecting step is carried out using a selectable marker. In a further embodiment, the selectable marker gene comprises an antibiotic resistance gene selected from a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof. In another further embodiment, the antibiotic resistance gene comprises a chloramphenicol resistance gene or a kanamycin resistance gene.

BRIEF DESCRIPTION OF THE FIGURES

[0024] FIG. 1 illustrates an insert fragment maps of plasmids used for recA mutagenesis. FIG. 1A shows the recA gene and its neighboring sequence in pWM-RecAnei. B, Xhol restriction map of the DNA fragment from LBA4404 in pCP-MMSR2. C, Replacement of recA with cassettes encoding resistance to antibiotic Cm or Km. [0025] FIG. 2 illustrates a relatedness of recA from A. tumefaciens (LBA4404) with the recA gene from other Agwbacterium strains. The phylogenic tree is generated using phyML (available at world wide web phylogeny.fr.) (Dereeper A, Guignon V, Blanc G, Audic S, Buffet S, Chevenet F, Dufayard JF, Guindon S, Lefort V, Lescot M, Claverie JM, Gascuel O. (2008) Phylogeny.fr: robust phylogenetic analysis for the non-specialist. Nucleic Acids Research. 36 (Web Server Issue):W465-9). The internal 969 bp fragment of recA (34-1005 bp) is used to perform this alignment analysis. The other strains are selected from the representative recA genomovars (G-) in the genus Agwbacterium and related taxa as indicated (Costechareyre et al, 2010).

[0026] FIG. 3 illustrates the growth rates of two exemplary A. tumefaciens (LBA4404) mutant recA minus strains, UIA777 and UIA770 as compared with wild-type and complemented strains. For these assays MGL medium is used.

[0027] FIG. 4 illustrates a plasmid map of binary plasmid, pDAB 108700, showing the construct design and duplication of the Zea mays Ubiquitin- 1 promoter within the construct.

DETAILED DESCRIPTION OF THE INVENTION

[0028] Disclosed herein are novel compositions and methods for the production and use of Agwbacterium tumefaciens (LBA4404) strains that are deficient in RecA activity relative to the parent strain. Further described is a chromosomal integration site for the integration of a polynucleotide fragment within the genome of Agwbacterium tumefaciens (LBA4404). The disclosed novel compositions and methods are useful for the production of transgenic events with plant species.

[0029] Unless defined otherwise, all technical and scientific terms used herein have the same meaning as commonly understood by one of ordinary skill in the art to which this disclosure relates. In case of conflict, the present application including the definitions will control. Unless otherwise required by context, singular terms shall include pluralities and plural terms shall include the singular. All publications, patents and other references mentioned herein are incorporated by reference in their entireties for all purposes as if each individual publication or patent application are specifically and individually indicated to be incorporated by reference, unless only specific sections of patents or patent publications are indicated to be incorporated by reference.

[0030] In order to further clarify this disclosure, the following terms, abbreviations and definitions are provided. [0031] As used herein, the terms "comprises," "comprising," "includes," "including,"

"has," "having," "contains," or "containing," or any other variation thereof, are intended to be non-exclusive or open-ended. For example, a composition, a mixture, a process, a method, an article, or an apparatus that comprises a list of elements is not necessarily limited to only those elements but may include other elements not expressly listed or inherent to such composition, mixture, process, method, article, or apparatus. Further, unless expressly stated to the contrary, "or" refers to an inclusive or and not to an exclusive or. For example, a condition A or B is satisfied by any one of the following: A is true (or present) and B is false (or not present), A is false (or not present) and B is true (or present), and both A and B are true (or present).

[0032] As used herein, "endogenous sequence" defines the native form of a polynucleotide, gene or polypeptide in its natural location in the organism or in the genome of an organism.

[0033] As used herein, the terms "polynucleotide," "nucleic acid," and "nucleic acid molecule" are used interchangeably, and may encompass a singular nucleic acid; plural nucleic acids; a nucleic acid fragment, variant, or derivative thereof; and nucleic acid construct (e.g., messenger RNA (mRNA) and plasmid DNA (pDNA)). A polynucleotide or nucleic acid may contain the nucleotide sequence of a full-length cDNA sequence, or a fragment thereof, including untranslated 5' and/or 3' sequences and coding sequence(s). A polynucleotide or nucleic acid may be comprised of any polyribonucleotide or polydeoxyribonucleotide, which may include unmodified ribonucleotides or deoxyribonucleotides or modified ribonucleotides or deoxyribonucleotides. For example, a polynucleotide or nucleic acid may be comprised of single- and double-stranded DNA; DNA that is a mixture of single- and double-stranded regions; single- and double-stranded RNA; and RNA that is mixture of single- and double- stranded regions. Hybrid molecules comprising DNA and RNA may be single- stranded, double-stranded, or a mixture of single- and double-stranded regions. The foregoing terms also include chemically, enzymatically, and metabolically modified forms of a polynucleotide or nucleic acid.

[0034] It is understood that a specific DNA refers also to the complement thereof, the sequence of which is determined according to the rules of deoxyribonucleotide base-pairing.

[0035] As used herein, the term "gene" refers to a nucleic acid that encodes a functional product (RNA or polypeptide/protein). A gene may include regulatory sequences preceding (5' non-coding sequences) and/or following (3' non-coding sequences) the sequence encoding the functional product. [0036] As used herein, the term "coding sequence" refers to a nucleic acid sequence that encodes a specific amino acid sequence. A "regulatory sequence" refers to a nucleotide sequence located upstream (e.g. , 5' non-coding sequences), within, or downstream (e.g. , 3' non- coding sequences) of a coding sequence, which influence the transcription, RNA processing or stability, or translation of the associated coding sequence. Regulatory sequences include, for example and without limitation: promoters; translation leader sequences; introns; polyadenylation recognition sequences; RNA processing sites; effector binding sites; and stem- loop structures.

[0037] As used herein, the term "polypeptide" includes a singular polypeptide, plural polypeptides, and fragments thereof. This term refers to a molecule comprised of monomers (amino acids) linearly linked by amide bonds (also known as peptide bonds). The term "polypeptide" refers to any chain or chains of two or more amino acids, and does not refer to a specific length or size of the product. Accordingly, peptides, dipeptides, tripeptides, oligopeptides, protein, amino acid chain, and any other term used to refer to a chain or chains of two or more amino acids, are included within the definition of "polypeptide," and the foregoing terms are used interchangeably with "polypeptide" herein. A polypeptide may be isolated from a natural biological source or produced by recombinant technology, but a specific polypeptide is not necessarily translated from a specific nucleic acid. A polypeptide may be generated in any appropriate manner, including for example and without limitation, by chemical synthesis.

[0038] In contrast, the term "heterologous" refers to a polynucleotide, gene or polypeptide that is not normally found at its location in the reference (host) organism. For example, a heterologous nucleic acid may be a nucleic acid that is normally found in the reference organism at a different genomic location. By way of further example, a heterologous nucleic acid may be a nucleic acid that is not normally found in the reference organism. A host organism comprising a hetereologous polynucleotide, gene or polypeptide may be produced by introducing the heterologous polynucleotide, gene or polypeptide into the host organism. In particular examples, a heterologous polynucleotide comprises a native coding sequence, or portion thereof, that is reintroduced into a source organism in a form that is different from the corresponding native polynucleotide. In particular examples, a heterologous gene comprises a native coding sequence, or portion thereof, that is reintroduced into a source organism in a form that is different from the corresponding native gene. For example, a heterologous gene may include a native coding sequence that is a portion of a chimeric gene including non-native regulatory regions that is reintroduced into the native host. In particular examples, a heterologous polypeptide is a native polypeptide that is reintroduced into a source organism in a form that is different from the corresponding native polypeptide.

[0039] A heterologous gene or polypeptide may be a gene or polypeptide that comprises a functional polypeptide or nucleic acid sequence encoding a functional polypeptide that is fused to another gene or polypeptide to produce a chimeric or fusion polypeptide, or a gene encoding the same. Genes and proteins of particular embodiments include specifically exemplified full-length sequences and portions, segments, fragments (including contiguous fragments and internal and/or terminal deletions compared to the full-length molecules), variants, mutants, chimerics, and fusions of these sequences.

[0040] As used herein, the term "modification" can refer to a change in a polynucleotide disclosed herein that results in reduced, substantially eliminated or eliminated activity of a polypeptide encoded by the polynucleotide, as well as a change in a polypeptide disclosed herein that results in reduced, substantially eliminated or eliminated activity of the polypeptide. Alternatively, the term "modification" can refer to a change in a polynucleotide disclosed herein that results in increased or enhanced activity of a polypeptide encoded by the polynucleotide, as well as a change in a polypeptide disclosed herein that results in increased or enhanced activity of the polypeptide. Such changes can be made by methods well known in the art, including, but not limited to, deleting, mutating (e.g., spontaneous mutagenesis, random mutagenesis, mutagenesis caused by mutator genes, or transposon mutagenesis), substituting, inserting, down-regulating, altering the cellular location, altering the state of the polynucleotide or polypeptide (e.g., methylation, phosphorylation or ubiquitination), removing a cofactor, introduction of an antisense RNA/DNA, introduction of an interfering RNA/DNA, chemical modification, covalent modification, irradiation with UV or X-rays, homologous recombination, mitotic recombination, promoter replacement methods, and/or combinations thereof. Guidance in determining which nucleotides or amino acid residues can be modified, can be found by comparing the sequence of the particular polynucleotide or polypeptide with that of homologous polynucleotides or polypeptides, e.g., yeast or bacterial, and maximizing the number of modifications made in regions of high homology (conserved regions) or consensus sequences.

[0041] The term "derivative", as used herein, refers to a modification of a sequence set forth in the present disclosure. Illustrative of such modifications would be the substitution, insertion, and/or deletion of one or more bases relating to a nucleic acid sequence of a coding sequence disclosed herein that preserve, slightly alter, or increase the function of a coding sequence disclosed herein in crop species. Such derivatives can be readily determined by one skilled in the art, for example, using computer modeling techniques for predicting and optimizing sequence structure. The term "derivative" thus also includes nucleic acid sequences having substantial sequence identity with the disclosed coding sequences herein such that they are able to have the disclosed functionalities for use in producing embodiments of the present disclosure.

[0042] The term "promoter" refers to a DNA sequence capable of controlling the expression of a nucleic acid coding sequence or functional RNA. In examples, the controlled coding sequence is located 3' to a promoter sequence. A promoter may be derived in its entirety from a native gene, a promoter may be comprised of different elements derived from different promoters found in nature, or a promoter may even comprise rationally designed DNA segments. It is understood by those skilled in the art that different promoters can direct the expression of a gene in different tissues or cell types, or at different stages of development, or in response to different environmental or physiological conditions. Examples of all of the foregoing promoters are known and used in the art to control the expression of heterologous nucleic acids. Promoters that direct the expression of a gene in most cell types at most times are commonly referred to as "constitutive promoters." Furthermore, while those in the art have (in many cases unsuccessfully) attempted to delineate the exact boundaries of regulatory sequences, it has come to be understood that DNA fragments of different lengths may have identical promoter activity. The promoter activity of a particular nucleic acid may be assayed using techniques familiar to those in the art.

[0043] The term "operably linked" refers to an association of nucleic acid sequences on a single nucleic acid, wherein the function of one of the nucleic acid sequences is affected by another. For example, a promoter is operably linked with a coding sequence when the promoter is capable of effecting the expression of that coding sequence (e.g. , the coding sequence is under the transcriptional control of the promoter). A coding sequence may be operably linked to a regulatory sequence in a sense or antisense orientation.

[0044] The term "expression," as used herein, may refer to the transcription and stable accumulation of sense (mRNA) or antisense RNA derived from a DNA. Expression may also refer to translation of mRNA into a polypeptide. As used herein, the term "overexpression" refers to expression that is higher than endogenous expression of the same gene or a related gene. Thus, a heterologous gene is "overexpressed" if its expression is higher than that of a comparable endogenous gene.

[0045] As used herein, the term "transformation" or "transforming" refers to the transfer and integration of a nucleic acid or fragment thereof into a host organism, resulting in genetically stable inheritance. Host organisms containing a transforming nucleic acid are referred to as "transgenic," "recombinant," or "transformed" organisms.

[0046] As used herein, the term "binding" refers to a sequence-specific, non-covalent interaction between macromolecules (e.g. , between a protein and a nucleic acid). Not all components of a binding interaction need be sequence-specific (e.g. , contacts with phosphate residues in a DNA backbone), as long as the interaction as a whole is sequence-specific. Such interactions are generally characterized by a dissociation constant (K_d) of 10^~6 M^"1 or lower. "Affinity" refers to the strength of binding: increased binding affinity being correlated with a lower K_d.

[0047] A "binding protein" is a protein that is able to bind non-covalently to another molecule. A binding protein can bind to, for example, a DNA molecule (a DNA-binding protein), an RNA molecule (an RNA-binding protein) and/or a protein molecule (a protein- binding protein). In the case of a protein-binding protein, it can bind to itself (to form homodimers, homotrimers, etc.) and/or it can bind to one or more molecules of a different protein or proteins. A binding protein can have more than one type of binding activity. For example, zinc finger proteins have DNA-binding, RNA-binding and protein-binding activity.

[0048] The terms "plasmid" and "vector," as used herein, refer to an extra chromosomal element that may carry one or more gene(s) that are not part of the central metabolism of the cell. Plasmids and vectors typically are circular double- stranded DNA molecules. However, plasmids and vectors may be linear or circular nucleic acids, of a single- or double-stranded DNA or RNA, and may carry DNA derived from essentially any source, in which a number of nucleotide sequences have been joined or recombined into a unique construction that is capable of introducing a promoter fragment and a coding DNA sequence along with any appropriate 3' untranslated sequence into a cell. In examples, plasmids and vectors may comprise autonomously replicating sequences for propagation in bacterial hosts.

[0049] Polypeptide and "protein" are used interchangeably herein and include a molecular chain of two or more amino acids linked through peptide bonds. The terms do not refer to a specific length of the product. Thus, "peptides", and "oligopeptides", are included within the definition of polypeptide. The terms include post-translational modifications of the polypeptide, for example, glycosylations, acetylations, phosphorylations and the like. In addition, protein fragments, analogs, mutated or variant proteins, fusion proteins and the like are included within the meaning of polypeptide. The terms also include molecules in which one or more amino acid analogs or non-canonical or unnatural amino acids are included as can be synthesized, or expressed recombinantly using known protein engineering techniques. In addition, inventive fusion proteins can be derivatized as described herein by well-known organic chemistry techniques.

[0050] The term "fusion protein" indicates that the protein includes polypeptide components derived from more than one parental protein or polypeptide. Typically, a fusion protein is expressed from a fusion gene in which a nucleotide sequence encoding a polypeptide sequence from one protein is appended in frame with, and optionally separated by a linker from, a nucleotide sequence encoding a polypeptide sequence from a different protein. The fusion gene can then be expressed by a recombinant host cell as a single protein.

[0051] Expression "control sequences" refers collectively to promoter sequences, ribosome binding sites, transcription termination sequences, upstream regulatory domains, enhancers, and the like, which collectively provide for the transcription and translation of a coding sequence in a host cell. Not all of these control sequences need always be present in a recombinant vector so long as the desired gene is capable of being transcribed and translated.

[0052] "Recombination" refers to the reassortment of sections of DNA or RNA sequences between two DNA or RNA molecules. "Homologous recombination" occurs between two DNA molecules which hybridize by virtue of homologous or complementary nucleotide sequences present in each DNA molecule.

[0053] The terms "stringent conditions" or "hybridization under stringent conditions" refers to conditions under which a probe will hybridize preferentially to its target subsequence, and to a lesser extent to, or not at all to, other sequences. "Stringent hybridization" and "stringent hybridization wash conditions" in the context of nucleic acid hybridization experiments such as Southern and northern hybridizations are sequence dependent, and are different under different environmental parameters. An extensive guide to the hybridization of nucleic acids is found in Tijssen (1993) Laboratory Techniques in Biochemistry and Molecular Biology— Hybridization with Nucleic Acid Probes part I chapter 2 Overview of principles of hybridization and the strategy of nucleic acid probe assays, Elsevier, New York. Generally, highly stringent hybridization and wash conditions are selected to be about 5°C lower than the thermal melting point (Tm) for the specific sequence at a defined ionic strength and pH. The Tm is the temperature (under defined ionic strength and pH) at which 50% of the target sequence hybridizes to a perfectly matched probe. Very stringent conditions are selected to be equal to the Tm for a particular probe.

[0054] An example of stringent hybridization conditions for hybridization of complementary nucleic acids which have more than 100 complementary residues on a filter in a Southern or Northern blot is 50% formamide with 1 mg of heparin at 42°C, with the hybridization being carried out overnight. An example of highly stringent wash conditions is 0.15 M NaCl at 72°C for about 15 minutes. An example of stringent wash conditions is a 0.2xSSC wash at 65°C for 15 minutes (see, Sambrook et al. (1989) Molecular Cloning-A Laboratory Manual (2nd ed.) Vol. 1-3, Cold Spring Harbor Laboratory, Cold Spring Harbor Press, NY, for a description of SSC buffer). Often, a high stringency wash is preceded by a low stringency wash to remove background probe signal. An example medium stringency wash for a duplex of, e.g., more than 100 nucleotides, is lxSSC at 45°C for 15 minutes. An example low stringency wash for a duplex of, e.g., more than 100 nucleotides, is 4-6xSSC at 40° C for 15 minutes. In general, a signal to noise ratio of 2x (or higher) than that observed for an unrelated probe in the particular hybridization assay indicates detection of a specific hybridization. Nucleic acids which do not hybridize to each other under stringent conditions are still substantially identical if the polypeptides which they encode are substantially identical. This occurs, e.g., when a copy of a nucleic acid is created using the maximum codon degeneracy permitted by the genetic code.

[0055] The disclosure also relates to an isolated polynucleotide hybridizable under stringent conditions, preferably under highly stringent conditions, to a polynucleotide as of the present disclosure.

[0056] As used herein, the term "hybridizing" is intended to describe conditions for hybridization and washing under which nucleotide sequences at least about 50%, at least about 60%, at least about 70%, more preferably at least about 80%, even more preferably at least about 85% to 90%, most preferably at least 95% homologous to each other typically remain hybridized to each other.

[0057] In one embodiment, a nucleic acid of the disclosure is at least 40%, 45%, 50%,

55%, 60%, 65%, 70%, 75%, 80%, 85%, 90%, 91%, 92%, 93%, 94%, 95%, 96%, 97%, 98%, 99%, or more homologous to a nucleic acid sequence shown in this application or the complement thereof.

[0058] Another non-limiting example of stringent hybridization conditions are hybridization in 6x sodium chloride/sodium citrate (SSC) at about 45°C, followed by one or more washes in lxSSC, 0.1% SDS at 50°C, preferably at 55°C more preferably at 60°C and even more preferably at 65 °C.

[0059] Highly stringent conditions can include incubations at 42°C for a period of several days, such as 2-4 days, using a labeled DNA probe, such as a digoxigenin (DIG)-labeled DNA probe, followed by one or more washes in 2xSSC, 0.1% SDS at room temperature and one or more washes in 0.5xSSC, 0.1% SDS or O. lxSSC, 0.1% SDS at 65-68°C. In particular, highly stringent conditions include, for example, 2 h to 4 days incubation at 42°C using a DIG- labeled DNA probe (prepared by e.g. using a DIG labeling system; Roche Diagnostics GmbH, 68298 Mannheim, Germany) in a solution such as DigEasyHyb solution (Roche Diagnostics GmbH) with or without 100 μg/ml salmon sperm DNA, or a solution comprising 50% formamide, 5xSSC (150 mM NaCl, 15 mM trisodium citrate), 0.02% sodium dodecyl sulfate, 0.1% N-lauroylsarcosine, and 2% blocking reagent (Roche Diagnostics GmbH), followed by washing the filters twice for 5 to 15 minutes in 2xSSC and 0.1% SDS at room temperature and then washing twice for 15-30 minutes in 0.5xSSC and 0.1% SDS or O.lxSSC and 0.1% SDS at 65-68°C.

[0060] In some embodiments an isolated nucleic acid molecule of the disclosure that hybridizes under highly stringent conditions to a nucleotide sequence of the disclosure can correspond to a naturally-occurring nucleic acid molecule. As used herein, a "naturally- occurring" nucleic acid molecule refers to an RNA or DNA molecule having a nucleotide sequence that occurs in nature (e.g., encodes a natural protein).

[0061] A skilled artisan will know which conditions to apply for stringent and highly stringent hybridization conditions. Additional guidance regarding such conditions is readily available in the art, for example, in Sambrook et al., 1989, Molecular Cloning, A Laboratory Manual, Cold Spring Harbor Press, N.Y.; and Ausubel et al. (eds.), 1995, Current Protocols in Molecular Biology, (John Wiley & Sons, N.Y.). The terms "homology" or "percent identity" are used interchangeably herein. For the purpose of this disclosure, it is defined here that in order to determine the percent identity of two amino acid sequences or of two nucleic acid sequences, the sequences are aligned for optimal comparison purposes (e.g., gaps may be introduced in the sequence of a first amino acid or nucleic acid sequence for optimal alignment with a second amino or nucleic acid sequence). The amino acid residues or nucleotides at corresponding amino acid positions or nucleotide positions are then compared. When a position in the first sequence is occupied by the same amino acid residue or nucleotide as the corresponding position in the second sequence, then the molecules are identical at that position. The percent identity between the two sequences is a function of the number of identical positions shared by the sequences (i.e., % identity=number of identical positions/total number of positions (i.e., overlapping positionsxlOO). Preferably, the two sequences are the same length.

[0062] The skilled person will be aware of the fact that several different computer programs are available to determine the homology between two sequences. For instance, a comparison of sequences and determination of percent identity between two sequences may be accomplished using a mathematical algorithm. In a preferred embodiment, the percent identity between two amino acid sequences is determined using the Needleman and Wunsch (J. Mol. Biol. (48): 444-453 (1970)) algorithm which has been incorporated into the GAP program in the GCG software package (available on the internet at the accelrys world wide web accelrys.com), using either a Blossom 62 matrix or a PAM250 matrix, and a gap weight of 16, 14, 12, 10, 8, 6 or 4 and a length weight of 1, 2, 3, 4, 5 or 6. The skilled person will appreciate that all these different parameters will yield slightly different results but that the overall percentage identity of two sequences is not significantly altered when using different algorithms.

[0063] In yet another embodiment, the percent identity between two nucleotide sequences is determined using the GAP program in the GCG software package (available on the internet at the accelrys world wide web accelrys.com), using a NWSgapdna.CMP matrix and a gap weight of 40, 50, 60, 70 or 80 and a length weight of 1, 2, 3, 4, 5 or 6. In another embodiment, the percent identity between two amino acid or nucleotide sequences is determined using the algorithm of E. Meyers and W. Miller (CABIOS, 4: 11-17 (1989) which has been incorporated into the ALIGN program (version 2.0) (available on the internet at the vega website, more specifically ALIGN - IGH Montpellier, or more specifically at http://vega.igh.cnrs.fr/bin/align-guess.cgi) using a PAM120 weight residue table, a gap length penalty of 12 and a gap penalty of 4.

[0064] The nucleic acid and protein sequences of the present disclosure may further be used as a "query sequence" to perform a search against public databases to, for example, identify other family members or related sequences. Such searches may be performed using the BLASTN and BLASTX programs (version 2.0) of Altschul, et al. (1990) J. Mol. Biol. 215:403- 10. BLAST nucleotide searches may be performed with the BLASTN program, score=100, word length=12 to obtain nucleotide sequences homologous to the nucleic acid molecules of the present disclosure. BLAST protein searches may be performed with the BLASTX program, score=50, word length=3 to obtain amino acid sequences homologous to the protein molecules of the present disclosure. To obtain gapped alignments for comparison purposes, Gapped BLAST may be utilized as described in Altschul et al., (1997) Nucleic Acids Res. 25 (17): 3389-3402. When utilizing BLAST and Gapped BLAST programs, the default parameters of the respective programs (e.g., BLASTX and BLASTN) may be used. (Available on the internet at the ncbi website for example world wide web ncbi.nlm.nih.gov).

[0065] The term "chimeric" as used herein, means comprised of sequences that are

"recombined". For example the sequences are "recombined and are not found together in nature. [0066] The term "recombine" as used herein means refers to any method of joining polynucleotides. The term includes end to end joining, and insertion of one sequence into another. The term is intended to encompass includes physical joining techniques such as sticky- end ligation and blunt-end ligation. Such sequences may also be artificially or recombinantly synthesized to contain the recombined sequences.

[0067] Suitable plants for the subject invention can be selected from the group consisting of flowers, fruit, vegetables, nursery, turf and ornamental crops. In a further embodiment, the fruit is selected from the group consisting of almond, apple, avocado, banana, berries (including strawberry, blueberry, raspberry, blackberry, currents and other types of berries), carambola, cherry, citrus (including oranges, lemon, lime, mandarin, grapefruit, and other citrus), coconut, fig, grapes, guava, kiwifruit, mango, nectarine, melons (including cantaloupe, muskmelon, watermelon, and other melons), olive, papaya, passionfruit, peach, pear, persimmon, pineapple, plum, and pomegranate. In a further embodiment, the vegetable is selected from the group consisting of asparagus, beet (for example sugar beet and fodder beet), beans, broccoli, cabbage, carrot, cassava, cauliflower, celery, cucumber, eggplant, garlic, gherkin, leafy greens (lettuce, kale, spinach, and other leafy greens), leek, lentils, mushroom, onion, peas, pepper (for example sweet pepper, bell pepper, and hot pepper), potato, pumpkin, sweet potato, snap bean, squash, and tomato. In another embodiment, the nursery plant or flower or flower part is selected from the group consisting of baby' s breath, carnation, dahlia, daffodil, geranium, gerbera, lily, orchid, peony, Queen Anne's lace, rose, snapdragon, or other cut-flowers or ornamental flowers, potted flowers, flower bulbs, shrub, deciduous or coniferous tree.

[0068] Ti Plasmid - In some embodiments the Agrobacterium tumefaciens (LBA4404) deficient in RecA activity comprises a Ti plasmid. The Ti plasmid (also known as a helper plasmid) comprises the vir regions necessary for the production and transfer of the T-DNA region. The Ti plasmids (e.g., pAL4404, pTiBo542, pTiC58 [and the common derivative pTil5955], pTiAch5, or a pTiChry5) include, among other gene features, octopine synthesizing genes, oncogenes, virulent genes (herein after vir genes), and imperfect repeat T-DNA border sequences which flank the T-strand. Most Ti plasmids that are used in Agrobacterium strains for plant tansformation are disarmed. Accordingly, the vir and one gene regions that are located within the T-strand of wildtype, virulent Agrobacterium strains have been removed or mutated. However, the T-DNA borders remain, and are modified to include a polynucleotide sequence between the right and left T-DNA borders. A disarmed Ti plasmid is still capable of transforming a T-strand within plant genomic DNA, but the T-strand is modified to reduce or remove oncogenic properties that are found in a wild type and virulent T- strand. In an embodiment, a wildtype and virulent Ti plasmid that has been modified to rearrange, mutate, delete, add, invert, or translocate a polynucleotide sequence are referred herein as a Ti plasmid derivative. In an embodiment, the T-DNA region has been modified to contain at least one gene expression cassette expressing an agronomic trait. Such Ti-derived plasmids, having functional vir genes and lacking all or substantially all of the T-region and associated elements are provided herein as an embodiment.

[0069] In subsequent embodiments, the Ti plasmid is a pTiBo542 plasmid. In an embodiment, the Ti plasmid is a derivative of a pTiBo542 plasmid (Hood, E. E.; Helmer, G. C; Fraley, R. T.; Chilton, M. D. The hypovirulence of Agrobacterium tumefaciens A281 is encoded in the region of PtiB0542 outside the T-DNA. J. Bacterid. 168: 1291-1301; 1986, herein incorporated by reference in its entirety. In subsequent embodiments, the Ti plasmid is a pTiC58 plasmid (Holsters et al., The Functional Organization of the Nopaline A. tumefaciens plasmid pTiC58. Plasmid 3(2); 212-230, 1980, herein incorporated by reference in its entirety). In an embodiment, the Ti plasmid is a derivative of a pTiC58 plasmid. In subsequent embodiments, the Ti plasmid is a pTiAch5 plasmid (Gielen, J.; De Beuckeleer, M.; Seurinck , J.; Deboeck F.; De Greve H.; Lemmers, M.; Van Montagu M.; Schell J. The Complete Nucleotide Sequence of the TL-DNA of the Agrobacterium tumefaciens plasmid pTiAch5. The EMBO Journal. 3(4):835-846; 1984, herein incorporated by reference in its entirety). In an embodiment, the Ti plasmid is a derivative of a pTiAch5 plasmid. In subsequent embodiments, the Ti plasmid is a pTiChry5 plasmid (Kovacs L.G.; Pueppke S.G. Mapping and Genetic Organization of pTiChry5, a Novel Ti Plasmid from a Highly Virulent Agrobacterium tumefaciens Strain, Mol Gen Genet 242(3):327-336, 1994, herein incorporated by reference in its entirety). In an embodiment, the Ti plasmid is a derivative of a pTiChry5 plasmid. In subsequent embodiments, the Ti plasmid is a pTil5995 plasmid (Barker, R.F., Idler, K.B., Thompson, D.V. and Kemp, J.D. Nucleotide sequence of the T-DNA region from the Agrobacterium tumefaciens octopine Ti plasmid pTil5955, Plant Mol. Biol. 2 (6), 335-350, 1983, herein incorporated by reference in its entirety). In an embodiment, the Ti plasmid is a derivative of a pTil5995 plasmid. In further embodiments, the Ti plasmid is a derivative of a pAL4404 plasmid (van der Fits et al., (2000) Plant Molec. Biol. 43:495-502, herein incorporated by reference in its entirety).

[0070] Binary Vector - In some embodiments the Agrobacterium tumefaciens

(LBA4404) deficient in RecA activity comprises a binary vector. In other embodiments the second plasmid is a binary vector. Non-limiting examples of binary vectors include; pBIN binary vector (Bevan M (1984) Binary Agrobacterium vectors for plant transformation. Nucleic Acids Res 12: 8711-872, herein incorporated by reference in its entirety), pGA binary vector (An G (1987) Binary Ti vectors for plant transformation and promoter analysis. Methods Enzymol 153: 292-305 An G, Watson BD, Stachel S, Gordon MP, Nester EW (1985) New cloning vehicles for transformation of higher plants. EMBO J 4: 277-284, herein incorporated by reference in its entirety), SEV binary vector (Fraley RT, Rogers SG, Horsch RB, Eichholtz DA, Flick JS, Fink CL, Hoffmann NL, Sanders PR (1985) The SEV system: a new disarmed Ti plasmid vector system for plant transformation. Biotechnology (N Y) 3: 629-635, herein incorporated by reference in its entirety), pEND4K binary vector (Klee HJ, Yanofsky MF, Nester EW (1985) Vectors for transformation of higher plants. Biotechnology (N Y) 3: 637- 642, herein incorporated by reference in its entirety), pBI binary vector (Jefferson RA, Kavanagh TA, BevanMW (1987) GUS fusions: b-glucuronidase as a sensitive and versatile gene fusion marker in higher plants. EMBO J 6:3901-3907, herein incorporated by reference in its entirety), pCIBlO binary vector (Rothstein SJ, Lahners KN, Lotstein RJ, Carozzi NB, Jayne SM, Rice DA (1987) Promoter cassettes, antibiotic -resistance genes, and vectors for plant transformation. Gene 53: 153-161, herein incorporated by reference in its entirety), pMRK63 binary vector (Vilaine F, Casse-Delbart F (1987) A new vector derived from Agrobacterium rhizogenes plasmids: a micro-Ri plasmid and its use to construct a mini-Ri plasmid. Gene 55: 105-114, herein incorporated by reference in its entirety), pGPTV binary vector (Becker D (1990) Binary vectors which allow the exchange of plant selectable markers and reporter genes. Nucleic Acids Res 18: 203, herein incorporated by reference in its entirety), pCGN1547 binary vector (McBride KE, Summerfelt KR (1990) Improved binary vectors for Agwbacterium- mediated plant transformation. Plant Mol Biol 14: 269-276, herein incorporated by reference in its entirety), pART binary vector (Gleave AP (1992) A versatile binary vector system with a T- DNA organizational structure conducive to efficient integration of cloned DNA into the plant genome. Plant Mol Biol 20: 1203-1207, herein incorporated by reference in its entirety), pGKB5 binary vector (Bouchez D, Camilleri C, Caboche M(1993) A binary vector based on Basta resistance for in planta transformation of Arabidopsis thaliana. C R Acad Sci Ser III Sci Vie 316: 1188-1193, herein incorporated by reference in its entirety), pMJD80 binary vector (Day MJD, Ashurst JL, Dixon RA (1994) Plant expression cassettes forenhanced translational efficiency. Plant Mol Biol Rep 12: 347-357, herein incorporated by reference in its entirety), pMJD81 binary vector (Day MJD, Ashurst JL, Dixon RA (1994) Plant expression cassettes forenhanced translational efficiency. Plant Mol Biol Rep 12: 347-357, herein incorporated by reference in its entirety), pPZP binary vector (Hajdukiewicz P, Svab Z, Maliga P (1994) The small, versatile pPZP family of Agrobacterium binary vectors for plant transformation. Plant Mol Biol 25: 989-994, herein incorporated by reference in its entirety), pBINPLUS binary vector (van Engelen FA,Molthoff JW, Conner AJ, Nap JP, Pereira A, StiekemaWJ (1995) pBINPLUS: an improved plant transformation vector based on pBIN19. Transgenic Res 4: 288-290, herein incorporated by reference in its entirety), pRTlOO binary vector (Uberlacker B, Werr W (1996) Vectors with rare-cutter restriction enzyme sites for expression of open reading frames in transgenic plants. Mol Breed 2: 293-295, herein incorporated by reference in its entirety), pCB binary vector (Xiang C, Han P, Lutziger I, Wang K, Oliver DJ (1999) A mini binary vector series for plant transformation. Plant Mol Biol 40: 711-717, herein incorporated by reference in its entirety), pGreen binary vector (Hellens RP, Edwards EA, Leyland NR, Bean S, Mullineaux PM (2000) pGreen: a versatile and flexible binary Ti vector for Agrobacteriummediated plant transformation. Plant Mol Biol 42: 819-832, herein incorporated by reference in its entirety), pPZP-RCS2 binary vector (Goderis IJWM, De BolleMFC, Francois IEJA,Wouters PFJ, BroekaertWF, Cammue BPA (2002) A set of modular plant transformation vectors allowing flexible insertion of up to six expression units. Plant Mol Biol 50: 17-27, herein incorporated by reference in its entirety), pMDC binary vector (Curtis MD, Grossniklaus U (2003) A gateway cloning vector set for highthroughput functional analysis of genes in planta. Plant Physiol 133: 462-469, herein incorporated by reference in its entirety), pRCS2 binary vector (Chung SM, Frankman EL, Tzfira T (2005) A versatile vector system for multiple gene expression in plants. Trends Plant Sci 10: 357-361, herein incorporated by reference in its entirety), pEarleyGate binary vector (Earley KW, Haag JR, Pontes O, Opper K, Juehne T, Song K, Pikaard CS (2006) Gateway-compatible vectors for plant functional genomics and proteomics. Plant J 45: 616-629, herein incorporated by reference in its entirety), pGWTAC binary vector (Chen QJ, Zhou HM, Chen J, Wang XC (2006) A Gateway-based platform for multigene plant transformation. Plant Mol Biol 62: 927-936, herein incorporated by reference in its entirety), pORE binary vector (Coutu C, Brandle J, Brown D, Brown K, Miki B, Simmonds J, Hegedus DD (2007) pORE: A modular binary vector series suited for both monocot and dicot plant transformation. Transgenic Res 16: 771-781, herein incorporated by reference in its entirety), pSITE binary vector (Chakrabarty R, Banerjee R, Chung SM, Farman M, Citovsky V, Hogenhout SA, Tzfira T, Goodin M (2007) pSITE vectors for stable integration or transient expression of autofluorescent protein fusions in plants: probing Nicotiana benthamiana-virus interactions. Mol Plant Microbe Interact 20: 740-750, herein incorporated by reference in its entirety), pMSP binary vector (Lee LY, Kononov ME, Bassuner B, Frame BR, Wang K, Gelvin SB (2007) Novel plant transformation vectors containing the superpromoter. Plant Physiol 145: 1294-1300, herein incorporated by reference in its entirety), pCAMBIA binary vector (http://www.cambia.org/daisy/cambia/materials/vectors), and pGD binary vector (Goodin MM, Dietzgen RG, Schichnes D, Ruzin S, Jackson AO (2002) pGD vectors: versatile tools for the expression of green and red fluorescent protein fusions in agroinfiltrated plant leaves. Plant J 31: 375-383, herein incorporated by reference in its entirety). See, herein incorporated by reference in its entirety. Binary vectors generally contain a number of important features such as T-DNA border sequences, origins of replication that are functional in both Escherichia coli and Agrobacterium strains, antibiotic resistance genes that are compatible with other antibiotic resistance harbored by the pTi/pRi plamid and/or Agrobacterium genome, and other features that improve plant transformation efficiency (e.g., overdrive sequence). Further features of binary vectors are known to those having ordinary skill in the art, for example see, Lee and Gelvin (2008) Plant Physiology, 146;325-332 (herein incorporated by reference) which discloses many of the above described features of binary plasmids/vectors .

[0071] Ternary Vector - In some embodiments the Agrobacterium tumefaciens

(LBA4404) deficient in RecA activity comprises a ternary vector. A "ternary" (i.e., three- plasmid) vector wherein a copy of the constitutive mutant virGN54D gene from pTil5955 is coresident on a pBBRl-derived plasmid in Agrobacterium tumefaciens strain LBA4404 that contained the disarmed Ti helper plasmid pAL4404 and a binary vector harboring genes for plant transformation has been described. See van der Fits et al., (2000) Plant Molec. Biol. 43:495-502, herein incorporated by reference in its entirety. Additional non-limiting examples of a ternary vector are described in further detail at European Patent Application No. 2042602A1 and U.S. Patent Application No. 2010/0132068 A 1 that describe cosmid binary vectors and "booster" plasmids that, when present in an Agrobacterium cell harboring a Ti helper plasmid, constitute further examples of ternary plasmid systems, herein incorporated by reference in its entirety. Finally, International Patent Application No. 2012016222A2 describes a ternary plasmid system for use in Agrobacterium, herein incorporated by reference in its entirety.

[0072] Plasmids - In some embodiments a plasmid comprising a recA gene is an embodiment of the subject disclosure. Plasmids are assigned to incompatibility groups (genotypic designation: inc; group designation: Inc) based on sequences contained in the plasmid. The inc determinant typically serves to prevent other plasmids of the same or related incompatibility group from coexisting in the same host, and helps maintain a certain copy number of the plasmid within the cell. See, e.g., Fernandez-Lopez, et al. (2006) FEMS Microbiol. Rev. 30:942-66; and Adamczyk and Jagura-Burdzy (2003) Acta Biochim. Pol. 50:425-53. Two plasmids are incompatible if either is less stable in the presence of the other than it is by itself. Competition for cell resources can result when two plasmids of the same incompatibility group are found in the same cell. Whichever plasmid is able to replicate faster, or provides some other advantage, will be represented to a disproportionate degree among the copies allowed by the incompatibility system. Surprisingly, plasmids can also be incompatible when they both possess the same functions for partitioning themselves into daughter cells.

[0073] Plasmids typically fall into only one of the many existing incompatibility groups.

There are more than 30 known incompatibility groups. Plasmids belonging to incompatibility group IncP have been studied thoroughly and a large number of plasmids which derive from this IncP group have been constructed (Schmidhauser et al. (1988) Biotechnology 10:287-332). Exemplary plasmids containing the IncP incompatibility group include: pMP90RK, pRK2013, pRK290, pRK404, and pRK415. These plasmids may be maintained in numerous bacterial species including E. coli and Agwbacterium tumefaciens . Examples of other incompatibility groups include, but are not limited to; IncN, IncW, IncL/M, IncT, IncU, IncW, IncY, IncB/O, IncFII, IncII, IncK, IncCom9, IncFI, IncFII, IncFIII, IncHIl, IncHI2, IncX, IncA/C, IncD, IncFIV, IncFV/FO, IncFVI, IncHl 3, IncHIl, Incl2, Incl, IncJ, IncV, IncQ, and the like, including variants thereof, e.g., exhibiting substantial sequence or functional relationship.

[0074] In addition, a suitable plasmid used to transform plant cell using the methods described herein can contain a selectable marker gene encoding a protein that confers on the transformed plant cells resistance to an antibiotic or a herbicide. The individually employed selectable marker gene may accordingly permit the selection of transformed cells while the growth of cells that do not contain the inserted DNA can be suppressed by the selective compound. The particular selectable marker gene(s) used may depend on experimental design or preference, but any of the following selectable markers may be used, as well as any other gene not listed herein that could function as a selectable marker. Examples of selectable markers include, but are not limited to, genes that provide resistance or tolerance to antibiotics such as kanamycin, G418, hygromycin, bleomycin, and methotrexate, or to herbicides, such as phosphinothricin (bialaphos), glyphosate, imidazolinones, sulfonylureas, triazolopyrimidines, chlorosulfuron, bromoxynil, and Dalapon.

[0075] Gene Expression Cassettes Encoding Agronomic Traits - In subsequent embodiments, the plant cells are selected to regenerate plants from said cells. In further embodiments of the disclosure, the T-DNA contains a gene expression cassette that encodes an agronomic trait. In additional embodiments, the agronomic trait produces a commodity product.

[0076] In an embodiment, the subject disclosure relates to the introduction of one or more gene expression cassettes which are inserted within the plant genome. In some embodiments the gene expression cassettes comprise a coding sequence. The coding sequence can encode, for example, a gene that confers an agronomic trait. In further embodiments, the agronomic trait is selected from the group consisting of an insecticidal resistance trait, herbicide tolerance trait, nitrogen use efficiency trait, water use efficiency trait, nutritional quality trait, DNA binding trait, and selectable marker trait. In additional embodiments, the agronomic traits are expressed within the plant. An embodiment of the subject disclosure includes a plant comprising one or more agronomic traits.

[0077] In some embodiments the transgenic plant comprises a gene expression cassette.

Standard recombinant DNA and molecular cloning techniques for the construction of a gene expression cassette as used herein are well known in the art and are described, e.g., by Sambrook et al., Molecular Cloning: A Laboratory Manual, Second Edition, Cold Spring Harbor Laboratory Press, Cold Spring Harbor, NY (1989); and by Silhavy et al., Experiments with Gene Fusions, Cold Spring Harbor Laboratory Press, Cold Spring Harbor, NY (1984); and by Ausubel et al., Current Protocols in Molecular Biology, published by Greene Publishing Assoc. and Wiley- Interscience (1987).

[0078] A number of promoters that direct expression of a gene in a plant can be employed in a gene expression cassette. Such promoters can be selected from constitutive, chemically-regulated, inducible, tissue-specific, and seed-preferred promoters. The promoter used to direct expression of a nucleic acid depends on the particular application. For example, a strong constitutive promoter suited to the host cell is typically used for expression and purification of expressed proteins.

[0079] Non-limiting examples of preferred plant promoters include promoter sequences derived from A. thaliana ubiquitin- 10 (ubi-10) (Callis, et al., 1990, J. Biol. Chem., 265: 12486- 12493); A. tumefaciens mannopine synthase (Amas) (Petolino et al., U.S. Patent No. 6,730,824); and/or Cassava Vein Mosaic Virus (CsVMV) (Verdaguer et al, 1996, Plant Molecular Biology 31: 1129-1139). Other constitutive promoters include, for example, the core Cauliflower Mosaic Virus 35S promoter (Odell et al. (1985) Nature 313:810-812); Rice Actin promoter (McElroy et al. (1990) Plant Cell 2: 163-171); Maize Ubiquitin promoter (U.S. Patent Number 5,510,474; Christensen et al. (1989) Plant Mol. Biol. 12:619-632 and Christensen et al. (1992) Plant Mol. Biol. 18:675-689); pEMU promoter (Last et al. (1991) Theor. Appl. Genet. 81:581-588); ALS promoter (U.S. Patent Number 5,659,026); Maize Histone promoter (Chaboute et al. Plant Molecular Biology, 8: 179-191 (1987)); and the like.

[0080] Other useful plant promoters include tissue specific and inducible promoters. An inducible promoter is one that is capable of directly or indirectly activating transcription of one or more DNA sequences or genes in response to an inducer. In the absence of an inducer the DNA sequences or genes will not be transcribed. Typically, the protein factor that binds specifically to an inducible regulatory element to activate transcription is present in an inactive form which is then directly or indirectly converted to the active form by the inducer. The inducer can be a chemical agent such as a protein, metabolite, growth regulator, herbicide or phenolic compound or a physiological stress imposed directly by heat, cold, salt, or toxic elements or indirectly through the action of a pathogen or disease agent such as a virus. Typically the protein factor that binds specifically to an inducible regulatory element to activate transcription is present in an inactive form which is then directly or indirectly converted to the active form by the inducer. The inducer can be a chemical agent such as a protein, metabolite, growth regulator, herbicide or phenolic compound or a physiological stress imposed directly by heat, cold, salt, or toxic elements or indirectly through the action of a pathogen or disease agent such as a virus. A plant cell containing an inducible regulatory element may be exposed to an inducer by externally applying the inducer to the cell or plant such as by spraying, watering, heating or similar methods.

[0081] Any inducible promoter can be used in the embodiments of the instant disclosure. See Ward et al, Plant Mol. Biol. 22: 361-366 (1993). Exemplary inducible promoters include ecdysone receptor promoters (U.S. Patent No. 6,504,082); promoters from the ACE1 system which respond to copper (Mett et al, Proc. Natl. Acad. Sci. 90: 4567-4571 (1993)); In2-1 and In2-2 gene from maize which respond to benzenesulfonamide herbicide safeners (U.S. Patent No. 5,364,780; Hershey et al., Mol. Gen. Genetics 227: 229-237 (1991) and Gatz et al, Mol. Gen. Genetics 243: 32-38 (1994)); Tet repressor from TnlO (Gatz et al, Mol. Gen. Genet. 227: 229-237 (1991); or promoters from a steroid hormone gene, the transcriptional activity of which is induced by a glucocorticosteroid hormone, Schena et al, Proc. Natl. Acad. Sci. U.S.A. 88: 10421 (1991) and McNellis et al, (1998) Plant J. 14(2):247- 257; the maize GST promoter, which is activated by hydrophobic electrophilic compounds that are used as pre-emergent herbicides {see U.S. Patent No. 5,965,387 and International Patent Application, Publication No. WO 93/001294); and the tobacco PR- la promoter, which is activated by salicylic acid {see Ono S, Kusama M, Ogura R, Hiratsuka K., "Evaluation of the Use of the Tobacco PR- la Promoter to Monitor Defense Gene Expression by the Luciferase Bioluminescence Reporter System," Biosci Biotechnol Biochem. 2011 Sep 23;75(9): 1796-800). Other chemical-regulated promoters of interest include tetracycline-inducible and tetracycline- repressible promoters (see, for example, Gatz et al., (1991) Mol. Gen. Genet. 227:229-237, and U.S. Patent Numbers 5,814,618 and 5,789,156).

[0082] Other regulatable promoters of interest include a cold responsive regulatory element or a heat shock regulatory element, the transcription of which can be effected in response to exposure to cold or heat, respectively (Takahashi et al., Plant Physiol. 99:383-390, 1992); the promoter of the alcohol dehydrogenase gene (Gerlach et al, PNAS USA 79:2981- 2985 (1982); Walker et al, PNAS 84(19):6624-6628 (1987)), inducible by anaerobic conditions; and the light-inducible promoter derived from the pea rbcS gene or pea psaDb gene (Yamamoto et al, (1997) Plant J. 12(2):255-265); a light-inducible regulatory element (Feinbaum et al, Mol. Gen. Genet. 226:449, 1991; Lam and Chua, Science 248:471, 1990; Matsuoka et al. (1993) Proc. Natl. Acad. Sci. USA 90(20):9586-9590; Orozco et al. (1993) Plant Mol. Bio. 23(6): 1129- 1138), a plant hormone inducible regulatory element (Yamaguchi- Shinozaki et al, Plant Mol. Biol. 15:905, 1990; Kares et al, Plant Mol. Biol. 15:225, 1990), and the like. An inducible regulatory element also can be the promoter of the maize In2-1 or In2-2 gene, which responds to benzenesulfonamide herbicide safeners (Hershey et al, Mol. Gen. Gene. 227:229-237, 1991; Gatz et al, Mol. Gen. Genet. 243:32-38, 1994), and the Tet repressor of transposon TnlO (Gatz et al, Mol. Gen. Genet. 227:229-237, 1991). Stress inducible promoters include salt/water stress-inducible promoters such as P5CS (Zang et al, (1997) Plant Sciences 129:81-89); cold-inducible promoters, such as, corl5a (Hajela et al, (1990) Plant Physiol. 93: 1246-1252), corl5b (Wilhelm et al, (1993) Plant Mol Biol 23: 1073- 1077), wscl (Ouellet et al, (1998) FEBS Lett. 423-324-328), ci7 (Kirch et al, (1997) Plant Mol Biol. 33:897-909), ci21A (Schneider et al, (1997) Plant Physiol. 113:335-45); drought- inducible promoters, such as Trg-31 (Chaudhary et al, (1996) Plant Mol. Biol. 30: 1247-57), rd29 (Kasuga et al, (1999) Nature Biotechnology 18:287-291); osmotic inducible promoters, such as Rabl7 (Vilardell et al, (1991) Plant Mol. Biol. 17:985-93) and osmotin (Raghothama et al, (1993) Plant Mol Biol 23: 1117-28); and heat inducible promoters, such as heat shock proteins (Barros et al, (1992) Plant Mol. 19:665-75; Marrs et al, (1993) Dev. Genet. 14:27- 41), smHSP (Waters et al, (1996) J. Experimental Botany 47:325-338), and the heat-shock inducible element from the parsley ubiquitin promoter (WO 03/102198). Other stress-inducible promoters include rip2 (U.S. Patent No. 5,332,808 and U.S. Publication No. 2003/0217393) and rd29a (Yamaguchi-Shinozaki et al, (1993) Mol. Gen. Genetics 236:331-340). Certain promoters are inducible by wounding, including the Agwbacterium pMAS promoter (Guevara- Garcia et al., (1993) Plant J. 4(3):495-505) and the Agwbacterium 0RF13 promoter (Hansen et al., (1997) Mol. Gen. Genet. 254(3):337-343).

[0083] Tissue-preferred promoters can be utilized to target enhanced transcription and/or expression within a particular plant tissue. When referring to preferential expression, what is meant is expression at a higher level in the particular plant tissue than in other plant tissue. Examples of these types of promoters include seed preferred expression such as that provided by the phaseolin promoter (Bustos et al., (1989) The Plant Cell Vol. 1, 839-853), and the maize globulin-1 gene (Belanger, et al. (1991) Genetics 129:863-972). For dicots, seed- preferred promoters include, but are not limited to, bean β-phaseolin, napin, β-conglycinin, soybean lectin, cruciferin, and the like. For monocots, seed-preferred promoters include, but are not limited to, maize 15 kDa zein, 22 kDa zein, 27 kDa zein, γ-zein, waxy, shrunken 1, shrunken 2, globulin 1, etc. Seed-preferred promoters also include those promoters that direct gene expression predominantly to specific tissues within the seed such as, for example, the endosperm-preferred promoter of γ-zein, the cryptic promoter from tobacco (Fobert et al., (1994) T-DNA tagging of a seed coat-specific cryptic promoter in tobacco. Plant J. 4: 567-577), the P-gene promoter from maize (Chopra et al., (1996) Alleles of the maize P gene with distinct tissue specificities encode Myb-homologous proteins with C-terminal replacements. Plant Cell 7: 1149-1158, Erratum in Plant Cell.1997, 1: 109), the globulin-1 promoter from maize (Belenger and Kriz (1991) Molecular basis for Allelic Polymorphism of the maize Globulin-1 gene. Genetics 129: 863-972), and promoters that direct expression to the seed coat or hull of maize kernels, for example the pericarp- specific glutamine synthetase promoter (Muhitch et al., (2002) Isolation of a Promoter Sequence From the Glutamine Synthetasei-2 Gene Capable of Conferring Tissue-Specific Gene Expression in Transgenic Maize. Plant Science 163:865-872).

[0084] In addition to the promoter, the gene expression cassette (which can be in, e.g., a vector) typically contains a transcription unit or expression cassette that contains all the additional elements required for the expression of the nucleic acid in host cells, either prokaryotic or eukaryotic. A typical expression cassette thus contains a promoter operably linked to a nucleic acid sequence encoding a gene product (e.g., a protein). The gene expression cassette may also include additional elements which are operably linked according to methods known art: signals required for efficient polyadenylation of the transcript, transcriptional termination, ribosome binding sites, or translation termination. Additionally, the expression cassette may include enhancers and/or heterologous splicing signals.

[0085] Other components of the gene expression cassette are provided as embodiments.

Examples include selectable markers, targeting or regulatory sequences, transit peptide sequences such as the optimized transit peptide sequence {see U.S. Patent No. 5,510,471) stabilizing sequences such as RB7 MAR {see Thompson and Myatt, (1997) Plant Mol. Biol., 34: 687-692 and International Patent Publication No. WO9727207) or leader sequences, introns etc. General descriptions and examples of plant expression vectors and reporter genes can be found in Gruber, et al., "Vectors for Plant Transformation" in Methods in Plant Molecular Biology and Biotechnology, Glick et al eds; CRC Press pp. 89-119 (1993). The selection of an appropriate expression vector will depend upon the host and the method of introducing the expression vector into the host. The gene expression cassette will also include at the 3' terminus of the heterologous nucleotide sequence of interest, a transcriptional and translational termination region functional in plants. The termination region can be native with the promoter nucleotide sequence of embodiments of the present disclosure, can be native with the DNA sequence of interest, or can be derived from another source. Convenient termination regions are available from the Ti-plasmid of A. tumefaciens, such as the octopine synthase and nopaline synthase (nos) termination regions (Depicker et al., Mol. and Appl. Genet. 1:561-573 (1982) and Shaw et al. (1984) Nucleic Acids Research vol. 12, No. 20 pp7831-7846(nos)); see also Guerineau et al. Mol. Gen. Genet. 262: 141-144 (1991); Proudfoot, Cell 64:671-674 (1991); Sanfacon et al. Genes Dev. 5: 141-149 (1991); Mogen et al. Plant Cell 2: 1261-1272 (1990); Munroe et al. Gene 91: 151-158 (1990); Ballas et al., Nucleic Acids Res. 17:7891-7903 (1989); Joshi et al. Nucleic Acid Res. 15:9627-9639 (1987).

[0086] The gene expression cassettes can additionally contain 5' leader sequences.

Such leader sequences can act to enhance translation. Translation leaders are known in the art and include by way of example, picornavirus leaders, EMCV leader (Encephalomyocarditis 5' noncoding region), Elroy-Stein et al., Proc. Nat. Acad. Sci. USA 86:6126-6130 (1989); potyvirus leaders, for example, TEV leader (Tobacco Etch Virus) Carrington and Freed Journal of Virology, 64: 1590-1597 (1990), MDMV leader (Maize Dwarf Mosaic Virus), Allison et al., Virology 154:9-20 (1986); human immunoglobulin heavy-chain binding protein (BiP), Macejak et al., Nature 353:90-94 (1991); untranslated leader from the coat protein mRNA of alfalfa mosaic virus (AMV RNA 4), Jobling et al., Nature 325:622-625 (1987); Tobacco mosaic virus leader (TMV), Gallie et al., (1989) Molecular Biology of RNA, pages 237-256; and maize chlorotic mottle virus leader (MCMV) Lommel et al., Virology 81:382-385 (1991). See also Della-Cioppa et al., Plant Physiology 84:965-968 (1987).

[0087] The gene expression cassette construct can also contain sequences that enhance translation and/or mRNA stability such as introns. An example of one such intron is the first intron of gene II of the histone H3.III variant of Arabidopsis thaliana. Chaubet et al, Journal of Molecular Biology, 225:569-574 (1992).

[0088] In those instances where it is desirable for the expression cassette to express a gene product that is directed to a particular organelle, particularly the plastid, amyloplast, or to the endoplasmic reticulum, or secreted at the cell's surface or extracellularly, the expression cassette can further comprise a coding sequence for a transit peptide. Such transit peptides are well known in the art and include, but are not limited to, the transit peptide for the acyl carrier protein, the small subunit of RUBISCO, plant EPSP synthase and Helianthus annuus (U.S. Patent No. 5,510,417), Zea mays Brittle-1 chloroplast transit peptide (Nelson et al, Plant Physiol 117(4): 1235-1252 (1998); Sullivan et al, Plant Cell 3(12): 1337-48; Sullivan et al, Planta (1995) 196(3):477-84; Sullivan et al, J. Biol. Chem. (1992) 267(26): 18999-9004) and the like. In addition, chimeric chloroplast transit peptides are known in the art, such as the Optimized Transit Peptide (U.S. Patent No. 5,510,471). Additional chloroplast transit peptides have been described previously in U.S. Patents No. 5,717,084 and U.S. Patent No. 5,728,925. One skilled in the art will readily appreciate the many options available in expressing a product to a particular organelle. For example, the barley alpha amylase sequence is often used to direct expression to the endoplasmic reticulum (Rogers, J. Biol. Chem. 260:3731-3738 (1985)).

[0089] It will be appreciated by one skilled in the art that use of recombinant DNA technologies can improve control of expression of transformed nucleic acid molecules by manipulating, for example, the number of copies of the nucleic acid molecules within the host cell, the efficiency with which those nucleic acid molecules are transcribed, the efficiency with which the resultant transcripts are translated, and the efficiency of post-translational modifications. Additionally, the promoter sequence might be genetically engineered to improve the level of expression as compared to the native promoter. Recombinant techniques useful for controlling the expression of nucleic acid molecules include, but are not limited to, stable integration of the nucleic acid molecules into one or more host cell chromosomes, addition of vector stability sequences to plasmids, substitutions or modifications of transcription control signals {e.g., promoters, operators, enhancers), substitutions or modifications of translational control signals {e.g., ribosome binding sites, Shine-Dalgarno or Kozak sequences), modification of nucleic acid molecules to correspond to the codon usage of the host cell, and deletion of sequences that destabilize transcripts.

[0090] Reporter or marker genes for selection of transformed cells or tissues or plant parts or plants can be included in the transformation vectors. Examples of selectable markers include those that confer resistance to anti-metabolites such as herbicides or antibiotics, for example, dihydrofolate reductase, which confers resistance to methotrexate (Reiss, Plant Physiol. (Life Sci. Adv.) 13: 143-149, 1994; see also Herrera Estrella et al, Nature 303:209- 213, (1983); Meijer et al, Plant Mol. Biol. 16:807-820, (1991)); neomycin phosphotransferase, which confers resistance to the aminoglycosides neomycin, kanamycin and paromycin (Herrera-Estrella, EMBO J. 2:987-995, 1983 and Fraley et al, Proc. Natl. Acad. Sci USA 80:4803 (1983)) and hygromycin phosphotransferase, which confers resistance to hygromycin (Marsh, Gene 32:481-485, (1984); see also Waldron et al, Plant Mol. Biol. 5: 103-108, (1985); Zhijian et al, Plant Science 108:219-227, (1995)); trpB, which allows cells to utilize indole in place of tryptophan; hisD, which allows cells to utilize histinol in place of histidine (Hartman, Proc. Natl. Acad. Sci., USA 85:8047, (1988)); mannose-6-phosphate isomerase which allows cells to utilize mannose (International Patent Application No. WO 94/20627); ornithine decarboxylase, which confers resistance to the ornithine decarboxylase inhibitor, 2-(difluoromethyl)-DL-ornithine (DFMO; McConlogue, 1987, In: Current Communications in Molecular Biology, Cold Spring Harbor Laboratory ed.); and deaminase from Aspergillus terreus, which confers resistance to Blasticidin S (Tamura, Biosci. Biotechnol. Biochem. 59:2336-2338, (1995)).

[0091] Additional selectable markers include, for example, a mutant acetolactate synthase, which confers imidazolinone or sulfonylurea resistance (Lee et al, EMBO J. 7: 1241- 1248, (1988)), a mutant psbA, which confers resistance to atrazine (Smeda et al, Plant Physiol. 103:911-917, (1993)), or a mutant protoporphyrinogen oxidase (see U.S. Patent No. 5,767,373), or other markers conferring resistance to an herbicide such as glufosinate. Examples of suitable selectable marker genes include, but are not limited to, genes encoding resistance to chloramphenicol (Herrera Estrella et al, EMBO J. 2:987-992, (1983)); streptomycin (Jones et al, Mol. Gen. Genet. 210:86-91, (1987)); spectinomycin (Bretagne-Sagnard et al, Transgenic Res. 5: 131-137, (1996)); bleomycin (Hille et al, Plant Mol. Biol. 7: 171-176, (1990)); sulfonamide (Guerineau et al, Plant Mol. Biol. 15: 127-136, (1990)); bromoxynil (Stalker et al, Science 242:419-423, (1988)); glyphosate (Shaw et al, Science 233:478-481, (1986)); phosphinothricin (DeBlock et al, EMBO J. 6:2513-2518, (1987)), and the like.

[0092] One option for use of a selective gene is a glufosinate-resistance encoding DNA and in one embodiment can be the phosphinothricin acetyl transferase (pat), maize optimized pat gene or bar gene under the control of the Cassava Vein Mosaic Virus promoter. These genes confer resistance to bialaphos. See, (see, Wohlleben et al, (1988) Gene 70: 25-37); Gordon-Kamm et al., Plant Cell 2:603; 1990; Uchimiya et al., BioTechnology 11:835, 1993; White et al., Nucl. Acids Res. 18: 1062, 1990; Spencer et al., Theor. Appl. Genet. 79:625-631, 1990; and Anzai et al., Mol. Gen. Gen. 219:492, 1989). A version of the pat gene is the maize optimized pat gene, described in U.S. Patent No. 6,096,947.

[0093] In addition, markers that facilitate identification of a plant cell containing the polynucleotide encoding the marker may be employed. Scorable or screenable markers are useful, where presence of the sequence produces a measurable product and can produce the product without destruction of the plant cell. Examples include a β-glucuronidase, or uidA gene (GUS), which encodes an enzyme for which various chromogenic substrates are known (for example, U.S. Patent Nos. 5,268,463 and 5,599,670); chloramphenicol acetyl transferase (Jefferson et al. The EMBO Journal vol. 6 No. 13 pp. 3901-3907); and alkaline phosphatase. In a preferred embodiment, the marker used is beta-carotene or provitamin A (Ye et al, Science 287:303-305- (2000)). The gene has been used to enhance the nutrition of rice, but in this instance it is employed instead as a screenable marker, and the presence of the gene linked to a gene of interest is detected by the golden color provided. Unlike the situation where the gene is used for its nutritional contribution to the plant, a smaller amount of the protein suffices for marking purposes. Other screenable markers include the anthocyanin/flavonoid genes in general (See discussion at Taylor and Briggs, The Plant Cell (1990)2: 115-127) including, for example, a R-locus gene, which encodes a product that regulates the production of anthocyanin pigments (red color) in plant tissues (Dellaporta et al., in Chromosome Structure and Function, Kluwer Academic Publishers, Appels and Gustafson eds., pp. 263-282 (1988)); the genes which control biosynthesis of flavonoid pigments, such as the maize CI gene (Kao et al., Plant Cell (1996) 8: 1171-1179; Scheffler et al, Mol. Gen. Genet. (1994) 242:40-48) and maize C2 (Wienand et al, Mol. Gen. Genet. (1986) 203:202-207); the B gene (Chandler et al, Plant Cell (1989) 1: 1175-1183), the pi gene (Grotewold et al, Proc. Natl. Acad. Sci USA (1991) 88:4587-4591; Grotewold et al, Cell (1994) 76:543-553; Sidorenko et al, Plant Mol. Biol. (1999)39: 11-19); the bronze locus genes (Ralston et al, Genetics (1988) 119: 185-197; Nash et al, Plant Cell (1990) 2(11): 1039-1049), among others.

[0094] Further examples of suitable markers include the cyan fluorescent protein (CYP) gene (Bolte et al, (2004) J. Cell Science 117: 943-54 and Kato et al, (2002) Plant Physiol 129: 913-42), the yellow fluorescent protein gene (PHIYFP™ from Evrogen; see Bolte et al, (2004) J. Cell Science 117: 943-54); a lux gene, which encodes a luciferase, the presence of which may be detected using, for example, X-ray film, scintillation counting, fluorescent spectrophotometry, low-light video cameras, photon counting cameras or multiwell luminometry (Teeri et al. (1989) EMBO J. 8:343); a green fluorescent protein (GFP) gene (Sheen et al, Plant J. (1995) 8(5):777-84); and DsRed2 where plant cells transformed with the marker gene are red in color, and thus visually selectable (Dietrich et al., (2002) Biotechniques 2(2):286-293). Additional examples include a β-lactamase gene (Sutcliffe, Proc. Nat'l. Acad. Sci. U.S.A. (1978) 75:3737), which encodes an enzyme for which various chromogenic substrates are known (e.g., PADAC, a chromogenic cephalosporin); a xylE gene (Zukowsky et al., Proc. Nat'l. Acad. Sci. U.S.A. (1983) 80: 1101), which encodes a catechol dioxygenase that can convert chromogenic catechols; an cc-amylase gene (Ikuta et al., Biotech. (1990) 8:241); and a tyrosinase gene (Katz et al., J. Gen. Microbiol. (1983) 129:2703), which encodes an enzyme capable of oxidizing tyrosine to DOPA and dopaquinone, which in turn condenses to form the easily detectable compound melanin. Clearly, many such markers are available and known to one skilled in the art.

[0095] In certain embodiments, the nucleotide sequence of the transgene encoding a gene product in an expression cassette can be optionally combined with another nucleotide sequence of interest in the cassette and/or the plant. For example, in certain embodiments the transgene can be combined or "stacked" with another nucleotide sequence of interest that provides additional resistance or tolerance to glyphosate or another herbicide, and/or provides resistance to select insects or diseases and/or nutritional enhancements, and/or improved agronomic characteristics, and/or proteins or other products useful in feed, food, industrial, pharmaceutical or other uses. The "stacking" of two or more nucleic acid sequences of interest within a plant genome can be accomplished, for example, via conventional plant breeding using two or more events, transformation of a plant with a construct which contains the sequences of interest, re-transformation of a transgenic plant, or addition of new traits through integration via homologous recombination.

[0096] Such nucleotide sequences of interest include, but are not limited to, those examples of genes or coding sequences that confer (1) resistance to pests or disease, (2) resistance to herbicides, and (3) value added traits provided below:

[0097] 1. Genes or Coding Sequences (e.g. iRNA) That Confer Resistance to Pests or

Disease

[0098] (A) Plant Disease Resistance Genes. Plant defenses are often activated by specific interaction between the product of a disease resistance gene (R) in the plant and the product of a corresponding avirulence (Avr) gene in the pathogen. A plant variety can be transformed with cloned resistance gene to engineer plants that are resistant to specific pathogen strains. Examples of such genes include, the tomato Cf-9 gene for resistance to Cladosporium fulvum (Jones et al., 1994 Science 266:789), tomato Pto gene, which encodes a protein kinase, for resistance to Pseudomonas syringae pv. tomato (Martin et al., 1993 Science 262: 1432), and Arabidopsis RSSP2 gene for resistance to Pseudomonas syringae (Mindrinos et al, 1994 Cell 78: 1089).

[0099] (B) A Bacillus thuringiensis protein, a derivative thereof or a synthetic polypeptide modeled thereon, such as, a nucleotide sequence of a Bt δ-endo toxin gene (Geiser et al., 1986 Gene 48: 109), and a vegetative insecticidal (VIP) gene (see, e.g., Estruch et al., (1996) Proc. Natl. Acad. Sci. 93:5389-94). Moreover, DNA molecules encoding δ-endotoxin genes can be purchased from American Type Culture Collection (Rockville, Md.), under ATCC accession numbers 40098, 67136, 31995 and 31998.

[00100] (C) A lectin, such as, nucleotide sequences of several Clivia miniata mannose- binding lectin genes (Van Damme et al., 1994 Plant Molec. Biol. 24:825).

[00101] (D) A vitamin binding protein, such as avidin and avidin homologs which are useful as larvicides against insect pests. See U.S. Patent No. 5,659,026.

[00102] (E) An enzyme inhibitor, e.g., a protease inhibitor or an amylase inhibitor.

Examples of such genes include a rice cysteine proteinase inhibitor (Abe et al., 1987 J. Biol. Chem. 262: 16793), a tobacco proteinase inhibitor I (Huub et al., 1993 Plant Molec. Biol. 21:985), and an a-amylase inhibitor (Sumitani et al., 1993 Biosci. Biotech. Biochem. 57: 1243).

[00103] (F) An insect-specific hormone or pheromone such as an ecdysteroid and juvenile hormone a variant thereof, a mimetic based thereon, or an antagonist or agonist thereof, such as baculovirus expression of cloned juvenile hormone esterase, an inactivator of juvenile hormone (Hammock et al, 1990 Nature 344:458).

[00104] (G) An insect- specific peptide or neuropeptide which, upon expression, disrupts the physiology of the affected pest (J. Biol. Chem. 269:9). Examples of such genes include an insect diuretic hormone receptor (Regan, 1994), an allostatin identified in Diploptera punctata (Pratt, 1989), and insect-specific, paralytic neurotoxins (U.S. Patent No. 5,266,361).

[00105] (H) An insect-specific venom produced in nature by a snake, a wasp, etc., such as a scorpion insectotoxic peptide (Pang, (1992) Gene 116: 165).

[00106] (I) An enzyme responsible for a hyperaccumulation of monoterpene, a sesquiterpene, a steroid, hydroxamic acid, a phenylpropanoid derivative or another non-protein molecule with insecticidal activity.

[00107] (J) An enzyme involved in the modification, including the post-translational modification, of a biologically active molecule; for example, glycolytic enzyme, a proteolytic enzyme, a lipolytic enzyme, a nuclease, a cyclase, a transaminase, an esterase, a hydrolase, a phosphatase, a kinase, a phosphorylase, a polymerase, an elastase, a chitinase and a glucanase, whether natural or synthetic. Examples of such genes include, a callas gene (PCT published application WO93/02197), chitinase-encoding sequences (which can be obtained, for example, from the ATCC under accession numbers 3999637 and 67152), tobacco hookworm chitinase (Kramer et al, (1993) Insect Molec. Biol. 23:691), and parsley ubi4-2 polyubiquitin gene (Kawalleck et al, (1993) Plant Molec. Biol. 21:673).

[00108] (K) A molecule that stimulates signal transduction. Examples of such molecules include nucleotide sequences for mung bean calmodulin cDNA clones (Botella et al, (1994) Plant Molec. Biol. 24:757) and a nucleotide sequence of a maize calmodulin cDNA clone (Griess et al, (1994) Plant Physiol. 104: 1467).

[00109] (L) A hydrophobic moment peptide. See U.S. Patent Nos. 5,659,026 and

5,607,914; the latter teaches synthetic antimicrobial peptides that confer disease resistance.

[00110] (M) A membrane permease, a channel former or a channel blocker, such as a cecropin-β lytic peptide analog (Jaynes et al, (1993) Plant Sci. 89:43) which renders transgenic tobacco plants resistant to Pseudomonas solanacearum.

[00111] (N) A viral-invasive protein or a complex toxin derived therefrom. For example, the accumulation of viral coat proteins in transformed plant cells imparts resistance to viral infection and/or disease development effected by the virus from which the coat protein gene is derived, as well as by related viruses. Coat protein-mediated resistance has been conferred upon transformed plants against alfalfa mosaic virus, cucumber mosaic virus, tobacco streak virus, potato virus X, potato virus Y, tobacco etch virus, tobacco rattle virus and tobacco mosaic virus. See, for example, Beachy et al, (1990) Ann. Rev. Phytopathol. 28:451.

[00112] (O) An insect- specific antibody or an immunotoxin derived therefrom. Thus, an antibody targeted to a critical metabolic function in the insect gut would inactivate an affected enzyme, killing the insect. For example, Taylor et al, (1994) Abstract #497, Seventh Int'l. Symposium on Molecular Plant-Microbe Interactions shows enzymatic inactivation in transgenic tobacco via production of single-chain antibody fragments.

[00113] (P) A virus-specific antibody. See, for example, Tavladoraki et al, (1993)

Nature 266:469, which shows that transgenic plants expressing recombinant antibody genes are protected from virus attack.

[00114] (Q) A developmental-arrestive protein produced in nature by a pathogen or a parasite. Thus, fungal endo a-l,4-D polygalacturonases facilitate fungal colonization and plant nutrient release by solubilizing plant cell wall homo-a-l,4-D-galacturonase (Lamb et al, (1992) Bio/Technology 10: 1436). The cloning and characterization of a gene which encodes a bean endopolygalacturonase-inhibiting protein is described by (Toubart et al, (1992) Plant J. 2:367). [00115] (R) A developmental-arrestive protein produced in nature by a plant, such as the barley ribosome-inactivating gene that provides an increased resistance to fungal disease (Longemann et al., (1992). Bio/Technology 10:3305).

[00116] (S) RNA interference, in which a DNA polynucleotide encoding an RNA molecule is used to inhibit expression of a target gene. An RNA molecule in one example is partially or fully double stranded, which triggers a silencing response, resulting in cleavage of dsRNA into small interfering RNAs, which are then incorporated into a targeting complex that destroys homologous mRNAs. See, e.g., Fire et al., U.S. Patent No. 6,506,559; Graham et al., U.S. Patent No. 6,573,099.

[00117] 2. Genes or Coding Sequences That Confer Resistance to a Herbicide

[00118] (A) Genes encoding resistance or tolerance to a herbicide that inhibits the growing point or meristem, such as an imidazalinone, sulfonanilide or sulfonylurea herbicide. Exemplary genes in this category code for a mutant ALS enzyme (Lee et al., (1988) EMBOJ. 7: 1241), which is also known as AHAS enzyme (Miki et al., (1990) Theor. Appl. Genet. 80:449).

[00119] (B) One or more additional genes encoding resistance or tolerance to glyphosate imparted by mutant EPSP synthase and aroA genes, or through metabolic inactivation by genes such as GAT (glyphosate acetyltransferase) or GOX (glyphosate oxidase) and other phosphono compounds such as glufosinate (pat and bar genes; DSM-2), and aryloxyphenoxypropionic acids and cyclohexanediones (ACCase inhibitor encoding genes). See, for example, U.S. Patent No. 4,940,835, which discloses the nucleotide sequence of a form of EPSP which can confer glyphosate resistance. A DNA molecule encoding a mutant aroA gene can be obtained under ATCC Accession Number 39256, and the nucleotide sequence of the mutant gene is disclosed in U.S. Pat. No. 4,769,061. European Patent application No. 0 333 033 and U.S. Patent No. 4,975,374 disclose nucleotide sequences of glutamine synthetase genes which confer resistance to herbicides such as L-phosphinothricin. The nucleotide sequence of a phosphinothricin acetyl- transferase gene is provided in European Patent application No. 0 242 246. De Greef et al., (1989) Bio/Technology 7:61 describes the production of transgenic plants that express chimeric bar genes coding for phosphinothricin acetyl transferase activity. Exemplary of genes conferring resistance to aryloxyphenoxypropionic acids and cyclohexanediones, such as sethoxydim and haloxyfop, are the Accl-Sl, Accl-S2 and Accl-S3 genes described by Marshall et al., (1992) Theor. Appl. Genet. 83:435.

[00120] (C) Genes encoding resistance or tolerance to a herbicide that inhibits photosynthesis, such as a triazine (psbA and gs+ genes) and a benzonitrile (nitrilase gene). Przibilla et al., (1991) Plant Cell 3: 169 describe the use of plasmids encoding mutant psbA genes to transform Chlamydomonas. Nucleotide sequences for nitrilase genes in U.S. Patent No. 4,810,648, and DNA molecules containing these genes are available under ATCC accession numbers 53435, 67441 and 67442. Cloning and expression of DNA coding for a glutathione S-transferase is described by Hayes et al., (1992) Biochem. J. 285: 173.

[00121] (D) Genes encoding resistance or tolerance to a herbicide that bind to hydroxyphenylpyruvate dioxygenases (HPPD), enzymes which catalyze the reaction in which para-hydroxyphenylpyruvate (HPP) is transformed into homogentisate. This includes herbicides such as isoxazoles (European Patent No. 418175, European Patent No. 470856, European Patent No. 487352, European Patent No. 527036, European Patent No. 560482, European Patent No. 682659, U.S. Patent No. 5,424,276), in particular isoxaflutole, which is a selective herbicide for maize, diketonitriles (European Patent No. 496630, and European Patent No. 496631), in particular 2-cyano-3-cyclopropyl-l-(2-S02CH3-4-CF3 phenyl) propane- 1,3-dione and 2-cyano-3-cyclopropyl- l-(2-S02CH3-4-2,3C12phenyl) propane- 1,3-dione, triketones (European Patent No. 625505, European Patent No. 625508, U.S. Patent No. 5,506, 195), in particular sulcotrione, and pyrazolinates. A gene that produces an overabundance of HPPD in plants can provide tolerance or resistance to such herbicides, including, for example, genes described in U.S. Patent Nos. 6,268,549 and 6,245,968 and U.S. Patent Publication No. 20030066102.

[00122] (E) Genes encoding resistance or tolerance to phenoxy auxin herbicides, such as

2,4-dichlorophenoxyacetic acid (2,4-D) and which may also confer resistance or tolerance to aryloxyphenoxypropionate (AOPP) herbicides. Examples of such genes include the cc- ketoglutarate-dependent dioxygenase enzyme (aad-1) gene, described in U.S. Patent No. 7,838,733.

[00123] (F) Genes encoding resistance or tolerance to phenoxy auxin herbicides, such as

2,4-dichlorophenoxyacetic acid (2,4-D) and which may also confer resistance or tolerance to pyridyloxy auxin herbicides, such as fluroxypyr or triclopyr. Examples of such genes include the cc-ketoglutarate-dependent dioxygenase enzyme gene (aad-12), described in WO 2007/053482 A2.

[00124] (G) Genes encoding resistance or tolerance to dicamba (see, e.g., U.S. Patent

Publication No. 20030135879).

[00125] (H) Genes providing resistance or tolerance to herbicides that inhibit protoporphyrinogen oxidase (PPO) (see U.S. Patent No. 5,767,373). [00126] (I) Genes providing resistance or tolerance to triazine herbicides (such as atrazine) and urea derivatives (such as diuron) herbicides which bind to core proteins of photosystem II reaction centers (PS II) (See Brussian et al, (1989) EMBO J. 1989, 8(4): 1237- 1245.

[00127] 3. Genes That Confer or Contribute to a Value-Added Trait

[00128] (A) Modified fatty acid metabolism, for example, by transforming maize or

Brassica with an antisense gene or stearoyl-ACP desaturase to increase stearic acid content of the plant (Knultzon et al, (1992) Proc. Nat. Acad. Sci. USA 89:2624.

[00129] (B) Decreased phytate content.

[00130] (1) Introduction of a phytase-encoding gene, such as the Aspergillus niger phytase gene (Van Hartingsveldt et al., (1993) Gene 127:87), enhances breakdown of phytate, adding more free phosphate to the transformed plant.

[00131] (2) A gene could be introduced that reduces phytate content. In maize, this, for example, could be accomplished by cloning and then reintroducing DNA associated with the single allele which is responsible for maize mutants characterized by low levels of phytic acid (Raboy et al, (1990) Maydica 35:383).

[00132] (C) Modified carbohydrate composition effected, for example, by transforming plants with a gene coding for an enzyme that alters the branching pattern of starch. Examples of such enzymes include, Streptococcus mucus fructosyltransferase gene (Shiroza et al, (1988) J. Bacteriol. 170:810), Bacillus subtilis levansucrase gene (Steinmetz et al, (1985) Mol. Gen. Genel. 200:220), Bacillus licheniformis a-amylase (Pen et al, (1992) Bio/Technology 10:292), tomato invertase genes (Elliot et al, (1993), barley amylase gene (Sogaard et al, (1993) J. Biol. Chem. 268:22480), and maize endosperm starch branching enzyme II (Fisher et al, (1993) Plant Physiol. 102: 10450).

[00133] Commodity Products - In further embodiments of the subject disclosure, the transgenic plant produces a commodity product. In an embodiment, the commodity product is selected from the group consisting of protein concentrate, protein isolate, grain, meal, flour, oil, or fiber.

[00134] A commodity product refers to any product which is comprised of material derived from a plant or plant seed and is sold to consumers. Crop plants are the largest source of protein, carbohydrates and vegetable oil for consumption. The transgenic plants can be used to manufacture commodity products. The plants and/or plant seeds can be processed into meal, flour, or oil as well as be used as a protein or oil source in animal feeds for both terrestrial and aquatic animals. Soybeans and soybean oils can be used in the manufacture of many different products, but not limited to, whole or processed seeds, animal feed, vegetable oil, meal, flour, nontoxic plastics, printing inks, lubricants, waxes, hydraulic fluids, electric transformer fluids, solvents, cosmetics, hair care products, natto, tempeh, protein concentrate, protein isolates, textured and hydrolyzed protein, and biodiesel.

[00135] Plant Classification - In additional embodiments the subject disclosure relates to a transgenic plant, wherein the transgenic plant is selected from the group consisting of a dicotyledonous plant or a monocotyledonous plant. In further embodiments, the subject disclosure relates to consumable plants, including crop plants and plants used for their oils, protein, or carbohydrates. Thus, any plant species or plant cell can be selected as described further below.

[00136] In some embodiments, plants which are genetically modified in accordance with the present disclosure (e.g., plant host cells) includes, but is not limited to, any higher plants, including both dicotyledonous and monocotyledonous plants, and particularly consumable plants, including crop plants. Such plants can include, but are not limited to, for example: alfalfa, soybeans, cotton, rapeseed (also described as canola), linseed, corn, rice, brachiaria, wheat, safflowers, sorghum, sugarbeet, sunflowers, tobacco and turf grasses. Thus, any plant species or plant cell can be selected. In embodiments, plant cells used herein, and plants grown or derived therefrom, include, but are not limited to, cells obtainable from rapeseed (Brassica napus); indian mustard (Brassica juncea); Ethiopian mustard (Brassica carinata); turnip (Brassica rapa); cabbage (Brassica oleracea); soybean (Glycine max); linseed/flax (Linum usitatissimum); maize (also described as corn) (Zea mays); safflower (Carthamus tinctorius); sunflower (Helianthus annuus); tobacco (Nicotiana tabacum); Arabidopsis thaliana; Brazil nut (Betholettia excelsa); castor bean (Ricinus communis); coconut (Cocus nucifera); coriander (Coriandrum sativum); cotton (Gossypium spp.); groundnut (Arachis hypogaea); jojoba (Simmondsia chinensis); oil palm (Elaeis guineeis); olive (Olea eurpaea); rice (Oryza sativa); squash (Cucurbita maxima); barley (Hordeum vulgare); sugarcane (Saccharum officinarum); rice (Oryza sativa); wheat (Triticum spp. including Triticum durum and Triticum aestivum); and duckweed (Lemnaceae sp.). In some embodiments, the genetic background within a plant species may vary.

[00137] The nucleic acids introduced into a plant cell can be used to confer desired traits on essentially any plant. A wide variety of plants and plant cell systems may be engineered for the desired physiological and agronomic characteristics described herein using the gene expression constructs of the present disclosure and the various transformation methods mentioned above. In embodiments, target plants and plant cells for engineering include, but are not limited to, those monocotyledonous and dicotyledonous plants, such as crops including grain crops (e.g., wheat, maize, rice, millet, barley), fruit crops (e.g., tomato, apple, pear, strawberry, orange), forage crops (e.g., alfalfa), root vegetable crops (e.g., carrot, potato, sugar beets, yam), leafy vegetable crops (e.g., lettuce, spinach); flowering plants (e.g., petunia, rose, chrysanthemum), conifers and pine trees (e.g., pine fir, spruce); plants used in phytoremediation (e.g., heavy metal accumulating plants); oil crops (e.g., sunflower, rape seed) and plants used for experimental purposes (e.g., Arabidopsis). Thus, the disclosed methods and compositions have use over a broad range of plants, including, but not limited to, species from the genera Asparagus, Avena, Brassica, Citrus, Citrullus, Capsicum, Cucurbita, Daucus, Erigeron, Glycine, Gossypium, Hordeum, Lactuca, Lolium, Lycopersicon, Malus, Manihot, Nicotiana, Orychophragmus, Oryza, Persea, Phaseolus, Pisum, Pyrus, Prunus, Raphanus, Secale, Solanum, Sorghum, Triticum, Vitis, Vigna, and Zea mays.

[00138] In further aspects of subject disclosure the systems, compositions, and methods disclosed herein relate to a transgenic plant or plant cell. In other embodiments, the transgenic plant or plant cell is produced by contacting plant cells with an A. tumefaciens (LBA4404) strain deficient in RecA activity .

[00139] in Vitro Assays - In an embodiment, the subject disclosure relates to an in vitro assay for assessing RecA activity within the A. tumefaciens (LBA4404) strain. Various in vitro assays are known to those with skill in the art. Several exemplary methods are further described below.

[00140] Molecular Beacons have been described for use in sequence detection. Briefly, a

FRET oligonucleotide probe is designed that overlaps the flanking genomic and insert DNA junction. The unique structure of the FRET probe results in it containing a secondary structure that keeps the fluorescent and quenching moieties in close proximity. The FRET probe and PCR primers (one primer in the insert DNA sequence and one in the flanking genomic sequence) are cycled in the presence of a thermostable polymerase and dNTPs. Following successful PCR amplification, hybridization of the FRET probe(s) to the target sequence results in the removal of the probe secondary structure and spatial separation of the fluorescent and quenching moieties. A fluorescent signal indicates the presence of the flanking genomic/transgene insert sequence due to successful amplification and hybridization. Such a molecular beacon assay for detection of as an amplification reaction is an embodiment of the subject disclosure.

[00141] Hydrolysis probe assay, otherwise known as TAQMAN^® (Life Technologies,

Foster City, Calif.), is a method of detecting and quantifying the presence of a DNA sequence. Briefly, a FRET oligonucleotide probe is designed with one oligo within the transgene and one in the flanking genomic sequence for event- specific detection. The FRET probe and PCR primers (one primer in the insert DNA sequence and one in the flanking genomic sequence) are cycled in the presence of a thermostable polymerase and dNTPs. Hybridization of the FRET probe results in cleavage and release of the fluorescent moiety away from the quenching moiety on the FRET probe. A fluorescent signal indicates the presence of the flanking/transgene insert sequence due to successful amplification and hybridization. Such a hydrolysis probe assay for detection of as an amplification reaction is an embodiment of the subject disclosure.

[00142] KASPar® assays are a method of detecting and quantifying the presence of a

DNA sequence. Briefly, the genomic DNA sample comprising the integrated gene expression cassette polynucleotide is screened using a polymerase chain reaction (PCR) based assay known as a KASPar^® assay system. The KASPar^® assay used in the practice of the subject disclosure can utilize a KASPar^® PCR assay mixture which contains multiple primers. The primers used in the PCR assay mixture can comprise at least one forward primers and at least one reverse primer. The forward primer contains a sequence corresponding to a specific region of the DNA polynucleotide, and the reverse primer contains a sequence corresponding to a specific region of the genomic sequence. In addition, the primers used in the PCR assay mixture can comprise at least one forward primers and at least one reverse primer. For example, the KASPar^® PCR assay mixture can use two forward primers corresponding to two different alleles and one reverse primer. One of the forward primers contains a sequence corresponding to specific region of the endogenous genomic sequence. The second forward primer contains a sequence corresponding to a specific region of the DNA polynucleotide. The reverse primer contains a sequence corresponding to a specific region of the genomic sequence. Such a KASPar® assay for detection of an amplification reaction is an embodiment of the subject disclosure.

[00143] In some embodiments the fluorescent signal or fluorescent dye is selected from the group consisting of a HEX fluorescent dye, a FAM fluorescent dye, a JOE fluorescent dye, a TET fluorescent dye, a Cy 3 fluorescent dye, a Cy 3.5 fluorescent dye, a Cy 5 fluorescent dye, a Cy 5.5 fluorescent dye, a Cy 7 fluorescent dye, and a ROX fluorescent dye.

[00144] In other embodiments the amplification reaction is run using suitable second fluorescent DNA dyes that are capable of staining cellular DNA at a concentration range detectable by flow cytometry, and have a fluorescent emission spectrum which is detectable by a real time thermocycler. It should be appreciated by those of ordinary skill in the art that other nucleic acid dyes are known and are continually being identified. Any suitable nucleic acid dye with appropriate excitation and emission spectra can be employed, such as YO-PRO-1®, SYTOX Green®, SYBR Green I®, SYTOl l®, SYT012®, SYT013®, BOBO®, YOYO®, and TOTO®. in one embodiment, a second fluorescent DNA dye is SYT013® used at less than 10 μΜ, less than 4 μΜ, or less than 2.7 μΜ.

[00145] In further embodiments, Next Generation Sequencing (NGS) can be used for detection. As described by Brautigma et ah, 2010, DNA sequence analysis can be used to determine the nucleotide sequence of the isolated and amplified fragment. The amplified fragments can be isolated and sub-cloned into a vector and sequenced using chain-terminator method (also referred to as Sanger sequencing) or Dye-terminator sequencing. In addition, the amplicon can be sequenced with Next Generation Sequencing. NGS technologies do not require the sub-cloning step, and multiple sequencing reads can be completed in a single reaction. Three NGS platforms are commercially available, the Genome Sequencer FLX™ from 454 Life Sciences / Roche, the Illumina Genome Analyser™ from Solexa and Applied Biosystems' SOLiD™ (acronym for: 'Sequencing by Oligo Ligation and Detection'). In addition, there are two single molecule sequencing methods that are currently being developed. These include the true Single Molecule Sequencing (tSMS) from Helicos Bioscience™ and the Single Molecule Real Time™ sequencing (SMRT) from Pacific Biosciences.

[00146] The Genome Sequencher FLX™ which is marketed by 454 Life Sciences/Roche is a long read NGS, which uses emulsion PCR and pyro sequencing to generare sequencing reads. DNA fragments of 300 - 800 bp or libraries containing fragments of 3 - 20 kbp can be used. The reactions can produce over a million reads of about 250 to 400 bases per run for a total yield of 250 to 400 megabases. This technology produces the longest reads but the total sequence output per run is low compared to other NGS technologies.

[00147] The Illumina Genome Analyser™ which is marketed by Solexa™ is a short read

NGS which uses sequencing by synthesis approach with fluorescent dye-labeled reversible terminator nucleotides and is based on solid-phase bridge PCR. Construction of paired end sequencing libraries containing DNA fragments of up to 10 kb can be used. The reactions produce over 100 million short reads that are 35 - 76 bases in length. This data can produce from 3 - 6 gigabases per run.

[00148] The Sequencing by Oligo Ligation and Detection (SOLiD) system marketed by

Applied Biosystems™ is a short read technology. This NGS technology uses fragmented double stranded DNA that are up to 10 kbp in length. The system uses sequencing by ligation of dye-labelled oligonucleotide primers and emulsion PCR to generate one billion short reads that result in a total sequence output of up to 30 gigabases per run. [00149] tSMS of Helicos Bioscience™ and SMRT of Pacific Biosciences™ apply a different approach which uses single DNA molecules for the sequence reactions. The tSMS Helicos™ system produces up to 800 million short reads that result in 21 gigabases per run. These reactions are completed using fluorescent dye-labelled virtual terminator nucleotide that is described as a 'sequencing by synthesis' approach.

[00150] The SMRT Next Generation Sequencing system marketed by Pacific

Biosciences™ uses a real time sequencing by synthesis. This technology can produce reads of up to 1,000 bp in length as a result of not being limited by reversible terminators. Raw read throughput that is equivalent to one-fold coverage of a diploid human genome can be produced per day using this technology.

[00151] In another embodiment, the detection can be completed using blotting assays, including Western blots, Northern blots, and Southern blots. Such blotting assays are commonly used techniques in biological research for the identification and quantification of biological samples. These assays include first separating the sample components in gels by electrophoretic means, followed by transfer of the electrophoretically separated components from the gels to transfer membranes that are made of materials such as nitrocellulose, polyvinylidene fluoride (PVDF), or Nylon. Analytes can also be directly spotted on these supports or directed to specific regions on the supports by applying vacuum, capillary action, or pressure, without prior separation. The transfer membranes are then commonly subjected to a post-transfer treatment to enhance the ability of the analytes to be distinguished from each other and detected, either visually or by automated readers.

[00152] In a further embodiment the detection can be completed using an ELISA assay, which uses a solid-phase enzyme immunoassay to detect the presence of a substance, usually an antigen, in a liquid sample or wet sample. Antigens from the sample are attached to a surface of a plate. Then, a further specific antibody is applied over the surface so it can bind to the antigen. This antibody is linked to an enzyme, and, in the final step, a substance containing the enzyme's substrate is added. The subsequent reaction produces a detectable signal, most commonly a color change in the substrate.

[00153] Transformation - Transformation of the A. tumefaciens LBA (4404) host cells with the vector(s) disclosed herein may be performed using any transformation methodology known in the art, and the bacterial host cells may be transformed as intact cells or as protoplasts (i.e. including cytoplasts). Exemplary transformation methodologies include 'poration methodologies, e.g., electroporation, protoplast fusion, bacterial conjugation, and divalent cation treatment (calcium chloride CaCl₂ treatment or CaCl₂/Mg²⁺ treatment), or other well known methods in the art. See, e.g., Morrison, J. Bact, 132:349-351 (1977); Clark-Curtiss & Curtiss, Methods in Enzymology, 101:347-362 (Wu et al., eds, 1983), Sambrook et al., Molecular Cloning, A Laboratory Manual (2nd ed. 1989); Kriegler, Gene Transfer and Expression: A Laboratory Manual (1990); and Current Protocols in Molecular Biology (Ausubel et al., eds., 1994)). Other known transformation methods specific are described at by Guerout-Fleury, A.M., Frandsen, N. and Stragier,P. (1996) Plasmids for ectopic integration in Bacillus subtilis. Gene 180 (1-2), 57-61.

[00154] Integration Site - Embodiments of the disclosure include methods for identifying and integrating a polynucleotide fragment within a genomic locus of A. tumefaciens (LBA4404). The integration within the recA genomic locus, or within the polynucleotide fragments directly upstream or downstream of the recA genomic locus is provided herein. The genomic locus for integrating the polynucleotide fragment is provided as SEQ ID NO: 11. Those having ordinary skill in the art will appreciate that allelic variation of a disclosed genomic polynucleotide sequence may be observed within SEQ ID NO: 11 of A. tumefaciens (LBA4404). Accordingly, the disclosure relates to a polynucleotide sequence with 80%, 82.5%, 85%, 87.5%, 90%, 92.5%, 95%, 97.5%, 99%, 99.5%, or 99.9% sequence identity with SEQ ID NO: 11.

[00155] Other embodiments of the present disclosure can include integrating a polynucleotide into the A. tumefaciens (LBA4404) genome at the recA genomic locus, and the subsequent stacking of a second polynucleotide at the same location. Wherein, the genomic locus within the A. tumefaciens (LBA4404) genome is utilized as a preferred locus for introducing additional polynucleotides. In an embodiment, any location within SEQ ID NO: 11 serves as a neutral integration site for the integration of a polynucleotide into the A. tumefaciens (LBA4404) genome.

[00156] Other embodiments of the present disclosure can include integrating a polynucleotide containing a gene expression cassette into the A. tumefaciens (LBA4404) genome at the recA genomic locus, and the subsequent removal of a selectable marker expression cassette from the integrated polynucleotide. Wherein, the method used to remove the selectable marker expression cassette is a double crossing over method, an excision method using CRE-LOX, an excision method using FLP-FRT, or an excision method using the RED/ET RECOMBINATION® kit (Genebridges, Heidelberg, Germany), in addition to other excision methods known in the art.

[00157] Other embodiments of the present disclosure can include integrating a polynucleotide into the A. tumefaciens (LBA4404) genome at the recA genomic locus as an alternative to the use of extraneous replicating plasmids. Wherein, one or more extraneous replicating plasmids are incompatible due to the presence of similar origins or replication, incompatibility groups, redundant selectable marker, or other gene elements. Wherein, one or more extraneous replicating plasmids are not functional in A. tumefaciens (LBA4404) due to the specificity of the A. tumefaciens (LBA4404) restriction modification system. Wherein, one or more extraneous replicating plasmids are not available, functional or readily transformable within the A. tumefaciens (LBA4404) genome.

[00158] Other embodiments of the present disclosure can include methods for increasing the efficiency of homologous recombination in a prokaryotic cell. Methods relying upon homologous recombination mediated by introduced enzymes, such as lambda red 'recombineering' and analogous approaches are useful in a limited number of bacterial classes, particularly Escherichia (Datsenko and Wanner (2000) Proc Natl Acad Sci U S A. 97: 6640-5) and Salmonella. Methods relying upon site-specific recombination mediated by introduced enzymes, such as phage integrases, FLP/FRT or Cre/loxP may also be used, but are reliant on the presence of pre-existing sites within the target DNA (Wirth et al (2007) Current Opinions in Biotechnology 18, 411-419). Alternative methods exploit viruses or mobile elements, or their components (e.g. phage, transposons or mobile introns).

[00159] However, methods relying upon host-mediated homologous recombination are by far the most commonly-used type of chromosomal DNA modifications. In a typical microbial application of host-mediated homologous recombination, a plasmid with a single region of sequence identity with the chromosome is integrated into the chromosome by single- crossover integration, sometimes referred to as 'Campbell-like integration'. After such an event, genes on the introduced plasmid are replicated as part of the chromosome, which may be more rapid than the plasmid replication. Accordingly, growth in medium with selection for a plasmid- borne selectable marker gene may provide a selective pressure for integration. Campbell-like integration can be used to inactivate a chromosomal gene by placing an internal fragment of a gene of interest on the plasmid, so that after integration, the chromosome will not contain a full- length copy of the gene. The chromosome of a Campbell-like integrant cell is not stable, because the integrated plasmid is flanked by the homologous sequences that directed the integration. A further homologous recombination event between these sequences leads to excision of the plasmid, and reversion of the chromosome to wild-type. For this reason, it may be necessary to maintain selection for the plasmid-borne selectable marker gene to maintain the integrant clone. [00160] An improvement on the basic single-crossover integration method of chromosomal modification is double crossover homologous recombination, also referred to as allelic exchange, which involves two recombination events. The desired modified allele is placed on a plasmid flanked by regions of homology to the regions flanking the target allele in the chromosome ('homology arms'). A first integration event can occur in either pair of homology arms, leading to integration of the plasmid into the chromosome in the same manner as Campbell-like integration. After the first crossover event, the chromosome contains two alternative sets of homologous sequences that can direct a second recombination event. If the same sequences that directed the first event recombine, the plasmid will be excised, and the cell will revert to wild-type. If the second recombination event is directed by the other homology arm, a plasmid will be excised, but the original chromosomal allele will have been exchanged for the modified allele introduced on the plasmid; the desired chromosomal modification will have been achieved. As with Campbell-like integration, the first recombination event is typically detected and integrants isolated using selective advantage conferred by integration of a plasmid-borne selectable marker gene.

[00161] Embodiments of the subject disclosure are further exemplified in the following

Examples. It should be understood that these Examples are given by way of illustration only.

EXAMPLES

Example 1 Construction of an Agrobacterium tumefaciens (LBA4404) genomic library and isolation of recA plus cosmid clones

[00162] A genomic DNA library is constructed to isolate and identify the previously uncharacterized recA gene from Agrobacterium tumefaciens (LBA4404). Genomic DNA from A. tumefaciens (LBA4404) is partially digested with the restriction enzyme Sauihl (New England Biolabs, Ipswich, MA), and is fractionated by centrifugation on a 10-40% discontinuous sucrose gradient in a buffer (20mM Tris-HCl, pH 8.0; lOmM EDTA; and, 50mM NaCl). Fractions containing genomic DNA fragments with sizes spanning a range of about 20- 40 kb are pooled and ligated into the broad-host-range cosmid vector, pCP13/B (tetracycline- resistant) (Dessaux Y, Tempe J, Farrand SK. 1987. Genetic analysis of mannityl opine catabolism in octopine-type Agrobacterium tumefaciens strain 15955. Mol Gen Genet. 208(1- 2):301-8). This cosmid vector is treated with BamHI and alkaline phosphatase before use in the ligation reaction. The ligation mixture is processed using Promega's Packagene® Lambda DNA Packaging system (Promega, Madison, WI) and transfected into Escherichia coli (HB101). The resulting library bank contains about 5,000 tetracycline-resistant cosmid transductants representing about twenty-times the coverage of the A. tumefaciens (LBA4404) genome.

[00163] To isolate cosmid clones harboring the recA gene of A. tumefaciens (LBA4404),

E. coli (HB101) bacterial strains are isolated from the library and spread onto Luria broth plates containing 0.01% methanesulfonic acid methyl ester (MMS). Because E. coli (HB101) is a recA mutant, and therefore sensitive to MMS, the MMS-resistant colonies that grew on the media are hypothesized to contain cosmids encoding the recA gene of A. tumefaciens (LBA4404) (Farrand SK, O'Morchoe SP, McCutchan J. 1989. Construction of an Agrobacterium tumefaciens C58 recA mutant. J Bacteriol. 171(10):5314-21). Hundreds of MMS-resistant cosmid clones are obtained, and twenty-four of them are further purified and analyzed by restriction enzyme digestion with Xhol. Nine of the colonies that shared a common subset of Xhol fragments are submitted for end sequencing using primers; pCP13/B left and pCP13/B right (Table 1). Assuming synteny between the chromosomes of A. tumefaciens (LBA4404), and the sequenced strain of A. tumefaciens (C58) the cosmids are searched for the junction sequences that predicted that recA would be located in the middle of the insert. One such cosmid, pCP-MMSR2, is subjected to further sequencing to confirm the presence of a putatively identified recA gene using primers as further described in Table 1.

0164]

Example 2 Cloning, characterization, and sequence analysis of

the recA gene from A. tumefaciens (LBA4404)

[00165] To construct the recA gene knock-out strains of A. tumefaciens (LBA4404), the location of the recA gene is assessed to determine if the location of the recA gene is present in the same genomic context as other recA gene isolates from Agrobacterium and Rhizobium species (Goodner B et al., 2001. Genome sequence of the plant pathogen and biotechnology agent Agrobacterium tumefaciens C58. Science 2942323-2328; and, Slater SC et al., 2009. Genome sequences of three Agrobacterium biovars help elucidate the evolution of multi- chromosome genomes in bacteria. J Bacteriol. 191(8):2501-11). Accordingly, the neighboring sequences located upstream and downstream of recA from A. tumefaciens (C58), A. vitis (S4), A. radiobactor (K84), Rhizobium leguminosarum and Rhizobium sp. NGR234, are searched for highly conserved sequences to design primers (F-recAnei and R-RecAnei in Table 1). These sequences are located about 1.5 kb upstream and downstream from the recA gene. These sequences are amplified by PCR using the primers that bound to a region containing the recA gene from A. tumefaciens (LBA4404). The resulting 3.7 kb PCR fragment is cloned into the pWM91 plasmid to generate a new plasmid that is labeled as pWM-recAnei (see FIG. 1) (Metcalf WW, Jiang W, Daniels LL, Kim SK, Haldimann A, Wanner BL. 1996. Conditionally replicative and conjugative plasmids carrying lacZ alpha for cloning, mutagenesis, and allele replacement in bacteria. Plasmid. 35(1): 1-13). The PCR amplified recA gene fragment is submitted for sequencing using recAnei primers as listed in Table 1. The sequencing data identified the recA gene from A. tumefaciens (LBA4404) which is presented as SEQ ID NO: 10. Furthermore, the sequencing data indicated that the recA gene from A. tumefaciens contains the same genomic context as other relative strains; it is flanked by alaS in the downstream direction and Atul875, a carbohydrate kinase, in the upstream direction (the genomic sequence containing the recA gene and the upstream and downstream flanking sequences is also provided as SEQ ID NO: 11).

[00166] The recA gene of A. tumefaciens (LBA4404) is almost identical in sequence to the recA gene from genomovar-1 isolates of biovar 1 Agrobacterium strains such as S 377, TT111 and ATCC4720. In addition, the recA gene of A. tumefaciens (LBA4404) shares 92% identity in nucleic sequence with the recA gene of the genomovar-8 strain, i.e., C58 (Costechareyre et al., 2010). The overall relatedness of the recA gene of A. tumefaciens (LBA4404) as compared with the recA gene from other Agrobacterium strains and related taxa can be compared, and a phylogenetic tree of this comparison is shown in FIG. 2. The sequence comparison results of the recA gene of A. tumefaciens (LBA4404) suggest that quite a few regions of the A. tumefaciens (LBA4404) genome contained genomic DNA sequences unrelated to those of A. tumefaciens (C58). Further sequence comparisons indicated that chromosomal polymorphisms exist even among the closely related biovar 1 isolates of Agwbacterium spp.

Example 3 Replacement and disruption of the recA gene in MMS-resistant cosmids with a kanamycin or chloramphenicol-resistance cassette

[00167] The bacteriophage λ-based red recombination is used to introduce antibiotic resistance cassettes into the recA gene of A. tumefaciens (LBA4404) carried on pCP-MMSR2 (Datsenko KA, Wanner BL. 2000. One-step inactivation of chromosomal genes in Escherichia coli K-12 using PCR products. Proc Natl Acad Sci U S A. 97(12):6640-5). Briefly, using primers F-recA-frt and R-RecA-frt listed in Table 1, DNA fragments encoding the chloramphenicol and kanamycin antibiotic resistance genes are amplified from pKD3 and pKD4, respectively. These amplified PCR fragments encoding the antibiotic cassettes are flanked with 43 bp sequences located upstream and downstream of the recA gene. The sequences further included 9 bp from each end of the recA gene. The resulting linear PCR amplification products are electroporated into the E. coli (HBlOl) strains that harbored the MMS-resistant cosmids, pCP-MMSR2 and pKD20, for red-mediated recombination. The plasmid pKD20 provides the red recombinase and can be cured following recombination by growth of the transformed strains at 42°C. Next, the disruption of the recA gene within the cosmid is confirmed by testing its inability to restore MMS resistance of E. coli (HBlOl) and by sequence analysis using primers F3-recAnei and R2-RecAnei (Table 1). Several such constructs met the requirement of being unable to complement the recA mutation in E. coli (HBlOl). One of each antibiotic resistance class, pCP-MMSRArecAkan, and pCP- MMSRArecACm is retained for constructing the recA knock-out strains of A. tumefaciens (LBA4404).

Example 4 Replacement and disruption of the recA gene in the chromosome of A. tumefaciens (LBA4404) with a kanamycin or chloramphenicol-resistance cassette

[00168] The two recA-disrupted cosmid clones described above are transformed into A. tumefaciens (LBA4404) for marker-exchange of the disrupted recA gene of the cosmid into the A. tumefaciens (LBA4404) chromosomal recA gene. Briefly, following the electroporation of the recA-disrupted cosmids into A. tumefaciens (LBA4404), transformants are selected and purified on nutrient agar plates containing tetracycline and kanamycin or chloramphenicol. Next, the transformants are inoculated in liquid culture containing only kanamycin or chloramphenicol. These cultures are sub-cultured three times to increase the probability of double cross-over events and loss of the cosmid clone. Fifty- micro liter volumes of 1000-fold diluted culture are spread on plates containing the appropriate antibiotics, and about 100-200 colonies are picked and screened for double-crossovers by testing for resistance to kanamycin or chloramphenicol and sensitivity to both tetracycline and MMS. The resulting candidate recA knock-out Agwbacterium strains are isolated and labeled as UIA777 (Cm) and UIA770 (Kan). The isolated recA knock-out strains are further confirmed by PCR and sequence analysis using primers listed in Table 1. The full process of constructing the recA gene knock-out in A. tumefaciens is illustrated in FIG. 1.

Example 5 Characterization of growth properties of recA knock-out strains of

A. tumefaciens (LBA4404) strains

[00169] The two A. tumefaciens (LBA4404) knock-out recA strains, UIA777 and

UIA770, are observed for bacterial growth rates. It is observed that the recA knock-out strains exhibited a one-hour growth delay as compared to the wild-type strain when inoculated into MGL liquid medium (see FIG. 3). Further observations indicate that both recA knock-out strains grew even slower on solid nutrient agar plates. For instance, it is observed that the recA knock-out strains required over three days for the colonies to reach about l-2mm in diameter while the wild- type strain grew to the same l-2mm diameter of size in about two days.

[00170] The two A. tumefaciens (LBA4404) knock-out recA strains, UIA777 and

UIA770, are observed for sensitivity to methyl methanesulfonate (MMS) and ultra-violet (UV) irradiation. The sensitivity to MMS and UV irradiation, is a common characteristics of bacterial recA knock-out strains (Farrand SK, O'Morchoe SP, McCutchan J. 1989. Construction of an Agrobacterium tumefaciens C58 recA mutant. J Bacteriol. 171(10):5314-21). Overnight cultures of the A. tumefaciens (LBA4404) recA knock-out strains are diluted 100-fold into 3 ml of MGL medium and grown with shaking to early- stationary phase. The resulting cultures are then ten-fold serially diluted in 0.9% NaCl and 5-μ1 samples are spotted onto the surface of nutrient agar plates. For MMS treatment, 0.01 MMS is included into the media. For UV irradiation, the plates are exposed to a UV light source (Amersham-Pharmacia Biotech, Pittsburgh, PA) to deliver precise doses of UV as measured by an internal UV dosimeter. Immediately after exposure, the plates are covered and incubated in a lightproof black box at 28 °C for 24 hours. The titer of the culture at the zero dilution is used to determine the survival of cells in the presence of MMS or following exposure to various doses of UV irradiation. As shown in Table 2, the two A. tumefaciens (LBA4404) recA knock-out strains, UIA777 and UIA770, are sensitive to both MMS and UV irradiation as compared to wild-type A. tumefaciens (LBA4404).

Example 6 Complementation of recA knock-out A. tumefaciens (LBA4404) strains

[00171] Plasmid pSOM301, a derivative of pCP13/B containing the recA gene from C58

(Farrand SK, O'Morchoe SP, McCutchan J. 1989. Construction of an Agrobacterium tumefaciens C58 recA mutant. J Bacteriol. 171(10):5314-21), is tested for its ability to complement the slow growth, MMS and UV sensitivity of A. tumefaciens (LBA4404) recA knock-out strain, UIA770. The pSOM301 plasmid restored the growth delay and small colony phenotype of UIA770 (FIG. 3). It can also restore resistance of UIA770 to MMS and UV irradiation to levels similar to those shown by wild-type A. tumefaciens (LBA4404) (Table 2).

Example 7 Characterization of isolated plasmid from the recA knock-out

A. tumefaciens (LBA4404) strains

[00172] The wild-type, A. tumefaciens (LBA4404) strain harbors the vir helper plasmid pAL4404 (Hoekema A, Hirsch PR, Hooykaas PJJJ, Schilperoort, 1983. A binary plant vector strategy based on separation of vir and T-region of the Agrobacterium tumefaciens Ti-plasmid. Nature 303: 179-180). The pAL4404 helper plasmid {i.e., Ti plasmid) is isolated from recA knock-out strains. Next, the helper plasmid is subjected to gel electrophoretic analysis. The resulting gel analysis indicated that the isolated plasmids from the A. tumefaciens (LBA4404) UIA777 and UIA770 strains both harbored a single plasmid that migrates with the same mobility as pAL4404. Example 8 Introduction of the ternary plasmid from the recA knock-out

A. tumefaciens (LBA4404) strains

[00173] The ternary plasmid (pDAB9292) as previously described in International

Patent Application No. PCT/US2011/046028, herein incorporated by reference, is transformed into the two A. tumefaciens (LBA4404) recA knock-out strains, UIA777 and UIA770. The introduction of the ternary plasmid into the Agrobacterium strains is confirmed by molecular confirmation assays (i.e., restriction enzyme digestion and sequencing).

Example 9 Stability of a binary plasmid containing repeated gene elements

in the recA knock-out A. tumefaciens (LBA4404) strains

[00174] The A. tumefaciens (LBA4404) recA knock-out strains are tested to assess the stability of a binary plasmid containing repeated gene elements. In previous experiments it is observed that the use of repeated gene elements within the binary plasmid would rearrange when the binary plasmid is cloned into A. tumefaciens (LBA4404). The binary plasmid, pDAB 108700 (SEQ ID NO: 12), is illustrated in FIG. 4. As shown, pDAB 108700 contains two gene expression cassettes, both driven by the same promoter. The first gene expression cassette contains the Zea mays Ubiquitin-1 promoter (Zm Ubil promoter v2) linked to the phi-yellow fluorescent protein (PhiYPF v3) gene sequence and terminated with the Zea mays peroxidase 5 3' UTR (ZmPer5 3'UTR v2). The second gene expression cassette contains the Zea mays Ubiquitin-1 promoter (Zm Ubil promoter v2) linked to the phosphinothricin acetyl transferase (PAT v9) gene sequence and terminated with the Zea mays lipase 3' UTR (ZmLip 3'UTR vl).

Table 3. Characterization of A. tumefaciens (LBA4404) knock-out recA strain, UIA777, for stability of binary plasmids

Agrobacterium tumefaciens Strains Relative Stability

LBA4404 wildtype -80% stability

UIA777 strain -100% stability

LBA4404 wildtype with ternary -60% stability

plasmid (pDAB9292)

UIA777 strain with ternary plasmid -70% stability

(pDAB9292)

[00175] The binary plasmid, pDAB 108700, is transformed into the A. tumefaciens strains of Table 3. After transformation, two bacterial colonies are isolated from the transformation of each bacterial strain. Each colony is grown-up and the binary plasmid DNA is isolated for validation with a series of restriction enzyme digestions {i.e., Notl, EcoRI, Fsol, and Pstl digests). Next, one specific colony from the first experiment is selected and streaked-out on solid medium. Ten of the colonies that grew on the solid medium are picked and grown-up. The binary plasmid DNA is isolated for another round of validation with a series of restriction enzyme digestions (i.e., Notl, EcoRI, Fsol, and Pstl digests). The banding patterns of the restriction enzyme digestions are observed for the production of expected size plasmid-DNA fragments. The colonies that produced banding patterns with aberrant and unexpected sizes of plasmid-DNA fragments are identified as unstable. The colonies that produced banding patterns with an expected size of plasmid-DNA fragments are identified as stable. The total percentage of plasmids that did not exhibit any rearrangements for each different strain is calculated and the results are presented in Table 3.

Example 10 Plant- mediated transformation with the

A. tumefaciens (LBA4404) recA knock-out strains

[00176] Plant species are transformed according to embodiments of the subject disclosure using techniques that are known in the art. The two A. tumefaciens (LBA4404) recA knock-out strains, UIA777 and UIA770, containing a binary plasmid are used for the plant- mediated transformations. As a result of the transformation, a gene expression cassette containing a selectable marker is integrated as a T-strand into a genomic locus within the plant chromosome. The integration of the T-strand within the upstream and downstream genomic flanking sequences results in a transgenic event, stably integrated within the genome of a transgenic plant.

[00177] Corn plants may be transformed with either of the two A. tumefaciens

(LBA4404) recA knock-out strains, UIA777 and UIA770, containing a binary plasmid by utilizing the same techniques previously described in Example #8 of WO 2007/053482. The resulting transformation incorporates a gene expression cassette containing an agronomic trait that is integrated as a T-strand into a genomic locus within the plant chromosome.

[00178] Soybean plants may be transformed with either of the two A. tumefaciens

(LBA4404) recA knock-out strains, UIA777 and UIA770, containing a binary plasmid by utilizing the same techniques previously described in Example #11 or Example #13 of WO 2007/053482. The resulting transformation incorporates a gene expression cassette containing an agronomic trait that is integrated as a T-strand into a genomic locus within the plant chromosome.

[00179] Cotton plants may be transformed with either of the two A. tumefaciens

(LBA4404) recA knock-out strains, UIA777 and UIA770, containing a binary plasmid by utilizing the same techniques previously described in Examples #14 of patent application U.S. Patent No. 7,838,733 or Example #12 of WO 2007/053482 (Wright et al.). The resulting transformation incorporates a gene expression cassette containing an agronomic trait that is integrated as a T-strand into a genomic locus within the plant chromosome.

[00180] Canola plants may be transformed with either of the two A. tumefaciens

(LBA4404) recA knock-out strains, UIA777 and UIA770, containing a binary plasmid by utilizing the same techniques previously described in Example #26 of patent application U.S. Patent No. 7,838,733 or Example #22 of WO 2007/053482 (Wright et al.). The resulting transformation incorporates a gene expression cassette containing an agronomic trait that is integrated as a T-strand into a genomic locus within the plant chromosome.

[00181] For Agrobacterium-mediated transformation of rye, see, e.g., Popelka JC, Xu J,

Altpeter F., "Generation of rye with low transgene copy number after biolistic gene transfer and production of (Secale cereale L.) plants instantly marker-free transgenic rye," Transgenic Res. 2003 Oct;12(5):587-96.). For Agwbacterium-mediated transformation of sorghum, see, e.g., Zhao et al., "Agrobacterium-mediated sorghum transformation," Plant Mol Biol. 2000 Dec;44(6):789-98. For Agrobacterium-mediated transformation of barley, see, e.g., Tingay et al., "Agrobacterium tumefaciens-mediated barley transformation," The Plant Journal, (1997) 11: 1369-1376. For Agrobacterium-mediated transformation of wheat, see, e.g., Cheng et al., "Genetic Transformation of Wheat Mediated by Agrobacterium tumefaciens," Plant Physiol. 1997 Nov;115(3):971-980. For Agrobacterium-mediated transformation of rice, see, e.g., Hiei et al., "Transformation of rice mediated by Agrobacterium tumefaciens," Plant Mol. Biol. 1997 Sep;35(l-2):205-18.

[00182] The latin names for these and other plants are given below. It should be clear that thes plants may be transformed with either of the two A. tumefaciens (LBA4404) recA knock-out strains, UIA777 and UIA770, containing a binary plasmid. As a result either of the two A. tumefaciens (LBA4404) recA knock-out strains, UIA777 and UIA770, can be used to transform an agronomic trait into these and other plants. Examples include, but are not limited to; Maize (Zea mays), Wheat (Triticum spp.), Rice (Oryza spp. and Zizania spp.), Barley (Hordeum spp.), Cotton (Abroma augusta and Gossypium spp.), Soybean (Glycine max), Sugar and Table Beets (Beta spp.), Sugar cane (Arenga pinnata), Tomato (Lycopersicon esculentum and other spp., Physalis ixocarpa, Solanum incanum and other spp., and Cyphomandra betacea), Potato (Solanum tuberosum), Sweet potato (Ipomoea batatas), Rye (Secale spp.), Peppers (Capsicum annuum, chinense, and frutescens), Lettuce (Lactuca sativa, perennis, and pulchella), Cabbage (Brassica spp.), Celery (Apium graveolens), Eggplant (Solanum melongena), Peanut (Arachis hypogea), Sorghum (Sorghum spp.), Alfalfa (Medicago sativa), Carrot (Daucus carota), Beans (Phaseolus spp. and other genera), Oats (Avena sativa and strigosa), Peas (Pisum, Vigna, and Tetragonolobus spp.), Sunflower (Helianthus annuus), Squash (Cucurbita spp.), Cucumber (Cucumis sativa), Tobacco (Nicotiana spp.), Arabidopsis (Arabidopsis thaliana), Turfgrass (Lolium, Agrostis, Poa, Cynodon, and other genera), Clover (Trifolium), Vetch (Vicia). Transformation of such plants with either of the two A. tumefaciens (LBA4404) recA knock-out strains, UIA777 and UIA770, containing a binary plasmid, for example, is contemplated as an embodiment of the subject disclosure.

[00183] The two A. tumefaciens (LBA4404) recA knock-out strains, UIA777 and

UIA770, containing a binary plasmid may be used for transformation of many deciduous and evergreen timber cropping systems. Transgenic timber species would increase the flexibility of over-the-top use of these herbicides without injury concerns. These species include, but are not limited to; alder (Alnus spp.), ash (Fraxinus spp.), aspen and poplar species (Populus spp.), beech (Fagus spp.), birch (Betula spp.), cherry (Prunus spp.), eucalyptus (Eucalyptus spp.), hickory (Carya spp.), maple (Acer spp.), oak (Quercus spp.), and pine (Pinus spp.). [00184] Use of either of the two A. tumefaciens (LBA4404) recA knock-out strains,

UIA777 and UIA770, containing a binary plasmid for the transformation of ornamental and fruit-bearing species is also within the scope of embodiments of this disclosure. Examples include, but are not limited to; rose (Rosa spp.), burning bush (Euonymus spp.), petunia (Petunia spp.), begonia (Begonia spp.), rhododendron (Rhododendron spp.), crabapple or apple (Malus spp.), pear (Pyrus spp.), peach (Prunus spp.), and marigolds (Tagetes spp.). While aspects of this invention have been described in certain embodiments, they can be further modified within the spirit and scope of this disclosure.

[00185] This application is therefore intended to cover any variations, uses, or adaptations of embodiments of the invention using its general principles. Further, this application is intended to cover such departures from the present disclosure as come within known or customary practice in the art to which these embodiments pertain and which fall within the limits of the appended claims.

Claims

WHAT IS CLAIMED IS:

1. A modified strain of Agrobacterium tumefaciens, wherein said modified strain is deficient in a genetic recombination pathway relative to its parent strain.

2. The modified stain of claim 1, wherein the strain is deficient in at least one

recombination pathway selected from the group consisting of RecA, RecB, RecD, RecF, RecG, RecJ, RecN, RecO, RecQ, RecR, and RecX.

3. The modified strain of claim 2, wherein the strain is deficient in RecA activity.

4. The modified strain of claim 2, wherein the recA gene comprises a polynucleotide sequence having at least 85% sequence identity with SEQ ID NO: 10 or 11.

5. The modified strain of claim 3, wherein the strain is also deficient in an activity selected from the group consisting of RecB, RecD, RecF, RecG, RecJ, RecN, RecO, RecQ, RecR, and RecX.

6. The modified strain of claim 3, wherein a genomic recA gene is modified by a deletion, a rearrangement, or an insertion of a sequence in the recA gene.

7. The modified strain of claim 3, wherein a genomic recA gene is modified by deleting a genomic sequence comprising the recA gene.

8. The modified strain of claim 3, wherein a genomic recA gene is modified by inserting a sequence within the recA gene, thereby disrupting expression of RecA protein.

9. The modified strain of claim 8, wherein the inserted sequence comprises a selectable marker gene.

10. The modified strain of claim 9, wherein the selectable marker comprises an antibiotic resistance gene selected from the group consisting of a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof.

11. The modified strain of claim 3, wherein RecA activity is undetectable in extracts prepared from the strain.

12. The modified strain of claim 3, wherein RecA protein is undetectable using Western blot analysis.

13. The modified strain of claim 3, wherein RecA mRNA is undetectable using Northern blot analysis.

14. The modified strain of claim 3, wherein recA gene is undetectable using Southern blot analysis.

15. The modified strain of claim 4, wherein the recA gene encodes a protein of SEQ ID NO:

16. The modified strain of claim 1, wherein the strain comprises a Ti plasmid.

17. The modified strain of claim 16, wherein the Ti plasmid comprises a pAL4404 Ti plasmid, or is derived from pAL4404 Ti plasmid.

18. The modified strain of claim 1, wherein the strain comprises a binary plasmid.

19. The modified strain of claim 18, wherein the binary plasmid comprising a gene of an agronomic trait selected from the group consisting of an insecticidal resistance trait, herbicide tolerance trait, nitrogen use efficiency trait, water use efficiency trait, nutritional quality trait, DNA binding trait, selectable marker trait, and combinations thereof.

20. The modified strain of claim 1, wherein the strain comprises a ternary plasmid.

21. The modified strain of claim 1, wherein the parent strain is Agwbacterium tumefaciens (LBA4404).

22. A plasmid comprising a modified recA gene from Agwbacterium tumefaciens, wherein the recA gene has at least 85% sequence identity to SEQ ID NO: 10 or 11 before modification, and the modified recA gene is deficient in expression of RecA protein.

23. The plasmid of claim 22, wherein the modification comprises the insertion of a donor sequence within the recA gene or SEQ ID NO: 10 or 11.

24. The plasmid of claim 23, wherein the donor sequence comprises a selectable marker gene.

25. The plasmid of claim 24, wherein the selectable marker gene comprises an antibiotic resistance gene selected from a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof.

26. The plasmid of claim 23, wherein at least one end of the donor sequence is flanked by at least a 43 base pair fragment of SEQ ID NO: 10 or 11.

27. A method of generating an Agwbacterium tumefaciens strain deficient in a genetic recombination pathway relative to its parent strain, comprising:

(a) providing a knock-out plasmid directed to the recA gene;

(b) introducing the knock-out plasmid into the Agwbacterium tumefaciens strain;

(c) selecting and screening the colonies comprising a genomic mutation; and,

28. The method of claim 27, wherein the recA gene has at least 85% sequence identity to SEQ ID NO: 10 or 11.

29. The method of claim 27, wherein the knock out plasmid induces a mutation selected from the group consisting of a genomic deletion, a genomic rearrangement, a genomic insertion, and combinations thereof.

30. The method of claim 29, wherein the genomic insertion comprises a sequence encoding a selectable marker.

31. The method of claim 30, wherein the selectable marker gene comprises an antibiotic resistance gene selected from a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof.

32. A transgenic event comprising

(a) a T-strand insert flanked by an upstream genomic DNA border sequence and

(b) a downstream genomic DNA border sequences,

wherein the transgenic event comprises integration of the T-strand from a modified strain of Agrobacterium tumefaciens, which is deficient in a genetic recombination pathway relative to its parent strain.

33. The transgenic event of claim 32, wherein the T-strand from the modified strain of Agrobacterium tumefaciens is integrated within genomes of targeted plant cells which are used to regenerate the transgenic event.

34. The transgenic event of claim 32, further comprising an agronomic trait.

35. The transgenic event of claim 34, wherein the agronomic trait is selected from the group consisting of an insecticidal resistance trait, herbicide tolerance trait, nitrogen use efficiency trait, water use efficiency trait, nutritional quality trait, DNA binding trait, selectable marker trait, and combinations thereof.

36. The transgenic event of claim 32, wherein the transgenic event is a dicotyledonous plant or a monocotyledonous plant.

37. A method of producing a transgenic plant, comprising:

(a) contacting targeted plant cells with a modified strain of Agrobacterium tumefaciens, which is deficient in a genetic recombination pathway relative to its parent strain;

(b) selecting and screening plant cells comprising DNA from said Agrobacterium strain integrated into genome of the targeted plant cells; and

38. The method of claim 37, wherein the selecting step is carried out using a selectable marker comprising an antibiotic resistance gene selected from a chloramphenicol resistance gene, a kanamycin resistance gene, a spectinomycin resistance gene, a gentamycin resistance, or combinations thereof.