IMPROVED METHODS FOR THE PRODUCTION OF STABLY TRANSFORMED, FERTILE ZEA MAYS PLANTS

BACKGROUND OF THE INVENTION

Field of the Invention

The present invention relates to improved methods for the incorporation of DNA into the genome of a Zea mays plant by means of Agrobacterium-med\ated transformation.

Description of the Related Art

During the past decade, it has become possible to transfer genes from a wide range of organisms to crop plants by recombinant DNA technology. This advance has provided enormous opportunities to improve plant resistance to pests, diseases and herbicides, and to modify biosynthetic processes to change the quality of plant products. However, the availability of an efficient transformation method to introduce foreign DNA remains to be a substantial barrier for most monocot species, including maize.

There have been many methods attempted for the transformation of monocotyledon- ous plants, wherein "biolistics" is the most widely used transformation method. In the "biolistics" (microprojectile-mediated DNA delivery) method microprojectile particles are coated with DNA and accelerated by a mechanical device to a speed high enough to penetrate the plant cell wall and nucleus (WO 91/02071). The foreign DNA gets incorporated into the host DNA and results in a transformed cell. There are many variations on the "biolistics" method (Sanford 1990; Fromm 1990; Christou 1988; Sautter 1991). The method has been used to produce stably transformed monocotyledonous plants including rice and maize (Christou 1991; Gordon-Kamm 1990; Vasil 1992, 1993; Wan 1994; Sommers 1992). However, even with the more recent improvements it still requires 4 to 6 months to recover transgenic plants (Weeks 1993; Vasil 1992, 1993; Becker 1994, Rasco-Gaunt 2001). Microprojectile-mediated DNA delivery brings about a number of problems such as frequent fragmentation of the DNA prior to its integration, random integration in transcribed as well as non-transcribed chromosomal regions, predominantly multiple insertion of the sequence to be transferred, complex integration patterns, integration of backbone sequences including selectable marker genes at the same locus. Moreover, microprojectile-mediated plant transformation is generally based upon genotype-dependent cell culture methods which often require a secondary transfer of the transgene into the background of elite breeding material via long-lasting back-crossing.

Protoplast based methods have been used mostly in rice, where DNA is delivered to the protoplasts through liposomes, PEG, or electroporation (Shimamoto 1989; Datta 1990b). Protoplasts may be isolated from various tissues but require in general the use of cell wall-degrading enzymes. It is considered likely that the use of cell wall-degrading enzymes can inhibit the subsequent regeneration process. Furthermore, most protoplast based methods require the establishment of long-term embryogenic suspension cultures. Some regenerants from protoplasts are infertile and phenotypically abnormal due to somaclonal variation during the long-term suspension culture (Davey 1991; Rhodes 1988). Transformation by electroporation involves the application of short, high-voltage electric fields to create "pores" in the cell membrane through which DNA is

taken-up. This method has been used to produce stably transformed monocotyledon- ous plants (Paszkowski 1984; Shillito 1985; Fromm 1986) especially from rice (Shima- moto 1989; Datta 1990b; Hayakawa 1992).

A number of other methods have been reported for the transformation of monocotyle- donous plants including, for example, the "pollen tube method" (WO 93/18168; Luo 1988), macro-injection of DNA into floral tillers (Du 1989; De Ia Pena 1987), injection of Agrobacterium into developing caryopses (WO 00/63398), and tissue incubation of seeds in DNA solutions (Tόpfer 1989). Direct injection of exogenous DNA into the fertil- ized plant ovule at the onset of embryogenesis was disclosed in WO 94/00583.

While widely useful in dicotyledonous plants, Agrobacterium-mediated gene transfer has long been disappointing when adapted to use in monocots. There are several reports in the literature claiming Agrobacterium transformation of monocotyledons (e.g, discussed WO 94/00977). These are specifically the methods of Gould 1991; Mooney 1991 ; and Raineri 1990, which claim Agrobacterium transformation of maize, rice and wheat. There is some evidence of gene transfer in these methods but they lack convincing evidence for transfer efficiency, reproducibility, and confirmation of gene transfer (Potrykus 1990), and lack of evidence of the transgene inheritance in the progeny when plants are produced. In the work of Gould where evidence of transformed plants was presented there was no Mendelian inheritance of the genes. Attempts by Hiei et al. (1994) suggested that transgenic rice plants could be obtained following Agrobacte- m/m-mediated transformation, but the particular bacterial strains used and the choice of bacterial vectors were critical for successfully obtaining transgenics. A paper by lshida et al. (1996) indicated that high-efficiency transformation of maize was possible by co-culture of immature embryos with A. tumefaciens. In both reports on rice and maize transformation, a super-binary vector pTOK233 containing additional copies of the virB, virC and virG genes was used to achieve high-efficiency transformation. WO 95/06722 and EP-A1 672 752 disclose a method of transforming monocotyledons us- ing scutellum of immature embryos with A. tumefaciens, which immature embryo has not been subjected to a dedifferentiation treatment. EP-A1 0 709 462 describes a method for transforming monocotyledonous plants, wherein the improvement is pointed out to include a recovery period after the co-cultivation step without a selection device for one day.

Although the methods known in the art, especially those provided in WO 95/06722, provide means for producing transgenic Tea mays plants, all these methods are still time and labor intensive. Especially when large numbers of transgenic plants need to be established (such as for example in a genomics based screening approach requir- ing construction of hundreds to thousands of different transgenic plants) efficiency is of high commercial importance.

Accordingly, the object of the present invention is to provide an improved, efficient method for transforming Zea mays plants, with which the time required for obtaining regenerated plants from the time of transformation is shorter than that in the conventional methods. This objective is achieved by the present invention.

SUMMARY OF THE INVENTION

Accordingly a first embodiment of the invention is related to a method for generating a transgenic Zea mays plant comprising the steps of a. isolating an immature embryo of a Zea mays plant, and b. co-cultivating said isolated immature embryo, which has not been subjected to a dedifferentiation treatment, with a soil-borne bacterium belonging to genus Rhizo- biaceae comprising at least one transgenic T-DNA, said T-DNA comprising at least one selectable marker gene, with a co-cultivation medium, and c. transferring the co-cultivated immature embryos to a recovering medium comprising i. an effective amount of at least one antibiotic that inhibits or suppresses the growth of soil-borne bacterium, and ii. L-proline in a concentration from about 1 g/l to about 10g/l, and iii. silver nitrate in a concentration from about 1 μM to about 50 μM, and iv. an effective amount of at least one auxin compound, but not comprising an effective amount of a phytotoxic selection agent, and d. inducing formation of embryogenic callus and selecting transgenic callus on a medium comprising, i. an effective amount of at least one auxin compound, and ii. an effective amount of a selection agent allowing for selection of cells comprising the transgenic T-DNA, and e. regenerating and selecting plants containing the transgenic T-DNA from the said transgenic callus.

The immature embryo is preferably from the group consisting of inbreds, hybrids, F1 between (preferably different) inbreds, F1 between an inbred and a hybrid, F1 between an inbred and a naturally-pollinated variety, commercial F1 varieties, any F2 crossing or self-pollination between the before mentioned varieties and the progeny of any of the before mentioned.

Preferably, the immature embryo is isolated from a cross of a (HiIIA x A188) hybrid with an inbred-line of which representative seed having been deposited under the Budapest Treaty with the American Type Culture Collection (Manasses, VA 20110-2209, USA) under the Patent Deposit Designation PTA-6170 (for seeds of line BPS553), and PTA- 6171 (for seeds of line BPS631).

In a preferred embodiment the immature embryo is one in the stage of not less than 2 days after pollination. Preferably the immature embryos are directly isolated and prepared in the co-cultivation medium without additional washing steps. Preferably, the immature embryo is subjected to transformation (co-cultivation) without dedifferentiat- ing pretreatment. Treatment of the immature embryos with an enzyme or injuring is optional. Embryos dissected from ears harvested from greenhouse and stored in a fridge at about 4°C up to 10 days remain to be transformable.

Preferably the soil-borne bacterium is a bacterium belonging to family Agrobacterium, more preferably a disarmed Agrobacterium tumefaciens or rhizogenes strain. In another preferred embodiment the soil-borne bacterium is a disarmed strain variant of

Agrobacterium rhizogenes strain K599 (NCPPB 2659). Such strains are described in US provisional application Application No. 60/606789, filed September 2 ^nd , 2004, hereby incorporated entirely by reference.

In another preferred embodiment for the infection and co-cultivation step a suspension of the soil-borne bacterium (e.g., Agrobacteria) in the co-cultivation or infection medium is directly applied to each embryo, and excess amount of liquid covering the embryo is removed. Removal can be done by various means, preferably through either air-drying or absorbing. In a preferred embodiment from about 1 to about 10 μl of a suspension of the soil-borne bacterium (e.g., Agrobacteria) are employed. Preferably, the immature embryo is infected with Agrobacterium directly on the co-cultivation medium. Preferably, the bacterium is employed in concentration of 10 ⁶ to 10 ¹¹ CFU/ml (cfu: colony forming units).

Preferably, the medium employed during co-cultivation comprises from about 1 μM to about 10 μM of silver nitrate and from about 50 mg/L to about 1 ,000 mg/L of L- Cysteine.

In a preferred embodiment the selection step is carried out in a single selection step without intermediate tissue transfer.

In another preferred embodiment, the rooted plantlets resulting from the regeneration step are directly transferred into soil medium.

Another preferred embodiment of the invention relates to a maize plant obtained by crossing a (HiIIA x A188) hybrid with an inbred-line selected from the group of which representative seed having been deposited under the Budapest Treaty with the American Type Culture Collection (Manasses, VA 20110-2209, USA) under the Patent Deposit Designation PTA-6170 (for seeds of line BPS553), and PTA-6171 (for seeds of Nne BPS631).

Preferably said maize plant is transgenic (e.g., comprises a transgenic T-DNA). Other objects of the invention relate to descendants of said maize plant (such as for example inbred lines), inbreds or hybrid plants produced from said descendants, and parts of the before mentioned plants. Such parts may include but are not limited to tissue, cells, pollen, ovule, roots, leaves, seeds, microspores, and vegetative parts.

Another embodiment of the invention relates to a method for subsequent transformation of at least two DNA constructs into a plant comprising the steps of: a) a first transformation with a first construct said construct comprising a first mutated ahas selection marker gene, said first gene conferring resistance to imazethapyr but sensitive to imazaquin, and selecting plants resistant to imazethapyr, and b) a second transformation with a second construct said construct comprising a second mutated ahas selection marker gene, said second gene conferring resistance to both imazethapyr and imazaquin, and selecting plants resistant to imazaquin.

Preferably, said first gene is an Xl 12 ahas mutant gene and/or wherein said second gene is an XA17 ahas mutant gene. More preferably, said plant is a Tea mays plant.

Another embodiment of the invention relates to a plant cell or plant comprising a a) a first mutated ahas selection marker gene, said first gene conferring resistance to imazethapyr but sensitive to imazaquin, and b) a second mutated ahas selection marker gene, said second gene conferring resis- tance to both imazethapyr and imazaquin.

Preferably, said first gene is an Xl 12 ahas mutant gene and/or wherein said second gene is an XA17 ahas mutant gene. More preferably, said first and said second gene are transgenes. The plant is preferably a Zea mays plant.

GENERAL DEFINITIONS

It is to be understood that this invention is not limited to the particular methodology, protocols, cell lines, plant species or genera, constructs, and reagents described as such. It is also to be understood that the terminology used herein is for the purpose of describing particular embodiments only, and is not intended to limit the scope of the present invention which will be limited only by the appended claims. It must be noted that as used herein and in the appended claims, the singular forms "a," "and," and "the" include plural reference unless the context clearly dictates otherwise. Thus, for example, reference to "a vector" is a reference to one or more vectors and includes equiva- lents thereof known to those skilled in the art, and so forth.

The term "about" is used herein to mean approximately, roughly, around, or in the region of. When the term "about" is used in conjunction with a numerical range, it modifies that range by extending the boundaries above and below the numerical values set forth. In general, the term "about" is used herein to modify a numerical value above and below the stated value by a variance of 20 percent up or down (higher or lower).

As used herein, the word "or" means any one member of a particular list and also includes any combination of members of that list.

The term "nucleic acid" refers to deoxyribonucleotides or ribonucleotides and polymers or hybrids thereof in either single-or double-stranded, sense or antisense form.

Unless otherwise indicated, a particular nucleic acid sequence also implicitly encom- passes conservatively modified variants thereof (e. g., degenerate codon substitutions) and complementary sequences, as well as the sequence explicitly indicated. The term "nucleic acid" is used interchangeably herein with "gene", "cDNA, "mRNA", "oligonucleotide," and "polynucleotide".

The phrase "nucleic acid sequence" as used herein refers to a consecutive list of abbreviations, letters, characters or words, which represent nucleotides. In one embodiment, a nucleic acid can be a "probe" which is a relatively short nucleic acid, usually less than 100 nucleotides in length. Often a nucleic acid probe is from about 50 nucleotides in length to about 10 nucleotides in length. A "target region" of a nucleic acid is a portion of a nucleic acid that is identified to be of interest. A "coding region" of a nucleic acid is the portion of the nucleic acid which is transcribed and translated in a sequence- specific manner to produce into a particular polypeptide or protein when placed under the control of appropriate regulatory sequences. The coding region is said to encode

such a polypeptide or protein.

The term "antisense" is understood to mean a nucleic acid having a sequence complementary to a target sequence, for example a messenger RNA (mRNA) sequence the blocking of whose expression is sought to be initiated by hybridization with the target sequence.

The term "sense" is understood to mean a nucleic acid having a sequence which is homologous or identical to a target sequence, for example a sequence which binds to a protein transcription factor and which is involved in the expression of a given gene. According to a preferred embodiment, the nucleic acid comprises a gene of interest and elements allowing the expression of the said gene of interest.

The term "gene" refers to a coding region operably joined to appropriate regulatory sequences capable of regulating the expression of the polypeptide in some manner. A gene includes untranslated regulatory regions of DNA (e. g., promoters, enhancers, repressors, etc.) preceding (upstream) and following (downstream) the coding region (open reading frame, ORF) as well as, where applicable, intervening sequences (i.e., introns) between individual coding regions (i.e., exons).

As used herein the term "coding region" when used in reference to a structural gene refers to the nucleotide sequences which encode the amino acids found in the nascent polypeptide as a result of translation of a mRNA molecule. The coding region is bounded, in eukaryotes, on the 5'side by the nucleotide triplet "ATG" which encodes the initiator methionine and on the 3"-side by one of the three triplets which specify stop codons (i.e., TAA, TAG, TGA). In addition to containing introns, genomic forms of a gene may also include sequences located on both the 5 ¹ - and 3"-end of the sequences which are present on the RNA transcript. These sequences are referred to as "flanking" sequences or regions (these flanking sequences are located 5' or 3' to the non- translated sequences present on the mRNA transcript). The 5"-flanking region may contain regulatory sequences such as promoters and enhancers which control or influence the transcription of the gene. The 3"-flanking region may contain sequences which direct the termination of transcription, posttranscriptional cleavage and polyadenylation.

The terms "polypeptide", "peptide", "oligopeptide", "polypeptide", "gene product", "expression product" and "protein" are used interchangeably herein to refer to a polymer or oligomer of consecutive amino acid residues.

The term "isolated" as used herein means that a material has been removed from its original environment. For example, a naturally-occurring polynucleotide or polypeptide present in a living animal is not isolated, but the same polynucleotide or polypeptide, separated from some or all of the coexisting materials in the natural system, is isolated. Such polynucleotides can be part of a vector and/or such polynucleotides or polypeptides could be part of a composition, and would be isolated in that such a vector or composition is not part of its original environment.

The term "wild-type", "natural" or of "natural origin" means with respect to an organism, polypeptide, or nucleic acid sequence, that said organism is naturally occurring or available in at least one naturally occurring organism which is not changed, mutated, or

otherwise manipulated by man.

The term "transgenic" or "recombinant" as used herein (e.g., with regard to a Zea mays plant or plant cell) is intended to refer to cells and/or plants that have incorporated ex- ogenous genes or DNA sequences, including but not limited to genes or DNA sequences which are perhaps not normally present, genes not normally transcribed and translated ("expressed") in a given cell type, or any other genes or DNA sequences which one desires to introduce into the non-transformed cell and/or plant, such as genes which may normally be present in the non-transformed cell and/or plant but which one desires to have altered expression.

Preferably, the terms "transgenic" or "recombinant" with respect to, for example, a nucleic acid sequence (or an organism, expression cassette or vector comprising said nucleic acid sequence) refers to all those constructs originating by recombinant meth- ods in which either a) said nucleic acid sequence, or b) a genetic control sequence linked operably to said nucleic acid sequence a), for example a promoter, or c) (a) and (b)

is not located in its natural genetic environment or has been modified by recombinant methods, an example of a modification being a substitution, addition, deletion, inversion or insertion of one or more nucleotide residues. Natural genetic environment refers to the natural chromosomal locus in the organism of origin, or to the presence in a ge- nomic library. In the case of a genomic library, the natural genetic environment of the nucleic acid sequence is preferably retained, at least in part. The environment flanks the nucleic acid sequence at least at one side and has a sequence of at least 50 bp, preferably at least 500 bp, especially preferably at least 1000 bp, very especially preferably at least 5000 bp, in length. A naturally occurring expression cassette - for exam- pie the naturally occurring combination of a promoter with the corresponding gene - becomes a recombinant expression cassette when it is modified by non-natural, synthetic "artificial" methods such as, for example, mutagenization. Such methods have been described (US 5,565,350; WO 00/15815). Preferably, the term "recombinant" with respect to nucleic acids as used herein means that the nucleic acid is covalently joined and adjacent to a nucleic acid to which it is not adjacent in its natural environment. "Recombinant" polypeptides or proteins refer to polypeptides or proteins produced by recombinant DNA techniques, i. e., produced from cells transformed by an exogenous recombinant DNA construct encoding the desired polypeptide or protein. Recombinant nucleic acids and polypeptide may also comprise molecules which as such does not exist in nature but are modified, changed, mutated or otherwise manipulated by man.

A "recombinant polypeptide" is a non-naturally occurring polypeptide that differs in sequence from a naturally occurring polypeptide by at least one amino acid residue. Preferred methods for producing said recombinant polypeptide and/or nucleic acid may comprise directed or non-directed mutagenesis, DNA shuffling or other methods of recursive recombination.

The terms "heterologous nucleic acid sequence" or "heterologous DNA" are used inter-

changeably to refer to a nucleotide sequence which is ligated to a nucleic acid sequence to which it is not ligated in nature, or to which it is ligated at a different location in nature. Heterologous DNA is not endogenous to the cell into which it is introduced, but has been obtained from another cell. Generally, although not necessarily, such heterologous DNA encodes RNA and proteins that are not normally produced by the cell into which it is expressed.

The "efficiency of transformation" or "frequency of transformation" as used herein can be measured by the number of transformed cells (or transgenic organisms grown from individual transformed cells) that are recovered under standard experimental conditions (i.e. standardized or normalized with respect to amount of cells contacted with foreign DNA, amount of delivered DNA, type and conditions of DNA delivery, general culture conditions etc.) For example, when isolated immature embryos are used as starting material for transformation, the frequency of transformation can be expressed as the number of transgenic plant lines obtained per 100 isolated immature embryos transformed.

The term "cell" refers to a single cell. The term "cells" refers to a population of cells. The population may be a pure population comprising one cell type. Likewise, the popu- lation may comprise more than one cell type. In the present invention, there is no limit on the number of cell types that a cell population may comprise. The cells may be synchronize or not synchronized, preferably the cells are synchronized.

The term "chromosomal DNA" or "chromosomal DNA-sequence" is to be understood as the genomic DNA of the cellular nucleus independent from the cell cycle status. Chromosomal DNA might therefore be organized in chromosomes or chromatids, they might be condensed or uncoiled. An insertion into the chromosomal DNA can be demonstrated and analyzed by various methods known in the art like e.g., PCR analysis, Southern blot analysis, fluorescence in situ hybridization (FISH), and in situ PCR.

The term "structural gene" as used herein is intended to mean a DNA sequence that is transcribed into mRNA which is then translated into a sequence of amino acids characteristic of a specific polypeptide.

The term "expression" refers to the biosynthesis of a gene product. For example, in the case of a structural gene, expression involves transcription of the structural gene into mRNA and - optionally - the subsequent translation of mRNA into one or more polypeptides.

The term "transformation" includes introduction of genetic material into plant cells, preferably resulting in chromosomal integration and stable heritability through meiosis. Transformation also includes introduction of genetic material into plant cells in the form of plant viral vectors involving epichromosomal replication and gene expression which may exhibit variable properties with respect to meiotic stability.

The term "expression cassette" or "expression construct" as used herein is intended to mean the combination of any nucleic acid sequence to be expressed in operable linkage with a promoter sequence and - optionally - additional elements (like e.g., terminator and/or polyadenylation sequences) which facilitate expression of said nucleic acid

sequence.

The term "promoter" as used herein is intended to mean a DNA sequence that directs the transcription of a DNA sequence (e.g., a structural gene). Typically, a promoter is located in the 5' region of a gene, proximal to the transcriptional start site of a structural gene. If a promoter is an inducible promoter, then the rate of transcription increases in response to an inducing agent. In contrast, the rate of transcription is not regulated by an inducing agent if the promoter is a constitutive promoter. Also, the promoter may be regulated in a tissue-specific or tissue preferred manner such that it is only active in transcribing the associated coding region in a specific tissue type(s) such as leaves, roots or meristem.

The term "operable linkage" or "operably linked" is to be understood as meaning, for example, the sequential arrangement of a regulatory element (e.g. a promoter) with a nucleic acid sequence to be expressed and, if appropriate, further regulatory elements (such as e.g., a terminator) in such a way that each of the regulatory elements can fulfill its intended function to allow, modify, facilitate or otherwise influence expression of said nucleic acid sequence. The expression may result depending on the arrangement of the nucleic acid sequences in relation to sense or antisense RNA. To this end, direct linkage in the chemical sense is not necessarily required. Genetic control sequences such as, for example, enhancer sequences, can also exert their function on the target sequence from positions which are further away, or indeed from other DNA molecules. Preferred arrangements are those in which the nucleic acid sequence to be expressed recombinantly is positioned behind the sequence acting as promoter, so that the two sequences are linked covalently to each other. The distance between the promoter sequence and the nucleic acid sequence to be expressed recombinantly is preferably less than 200 base pairs, especially preferably less than 100 base pairs, very especially preferably less than 50 base pairs. Operable linkage, and an expression cassette, can be generated by means of customary recombination and cloning techniques as described (e.g., in Maniatis 1989; Silhavy 1984; Ausubel 1987; Gelvin 1990). However, further sequences which, for example, act as a linker with specific cleavage sites for restriction enzymes, or as a signal peptide, may also be positioned between the two sequences. The insertion of sequences may also lead to the expression of fusion proteins. Preferably, the expression cassette, consisting of a linkage of promoter and nu- cleic acid sequence to be expressed, can exist in a vector-integrated form and be inserted into a plant genome, for example by transformation.

DETAILED DESCRIPTION OF THE INVENTION

A first embodiment of the invention relates to a method for generating a transgenic Zea mays plant comprising the steps of a. isolating an immature embryo of a Zea mays plant, and b. co-cultivating said isolated immature embryo, which has not been subjected to a dedifferentiation treatment, with a soil-borne bacterium belonging to genus Rhizo- biaceae comprising at least one transgenic T-DNA, said T-DNA comprising at least one selectable marker gene, with a co-cultivation medium, and c. transferring the co-cultivated immature embryos to a recovering medium comprising i. an effective amount of at least one antibiotic that inhibits or suppresses the growth of soil-borne bacterium, and ii. L-proline in a concentration from about 1 g/l to about 10 g/l, and iii. silver nitrate in a concentration from about 1 μM to about 50 μM, and iv. an effective amount of at least one auxin compound, but not comprising an effective amount of a phytotoxic selection agent, and d. inducing formation of embryogenic callus and selecting transgenic callus on a medium comprising, i. an effective amount of at least one auxin compound, and ii. an effective amount of a selection agent allowing for selection of cells comprising the transgenic, and e. regenerating and selecting plants containing the transgenic T-DNA from the said transgenic callus.

1. Source and preparation of the immature embryo

The immature embryo can be isolated from virtually any Zea mays variety or plant.

The immature embryo is preferably from the group consisting of inbreds, hybrids, F1 between (preferably different) inbreds, F1 between an inbred and a hybrid, F1 between an inbred and a naturally-pollinated variety, commercial F1 varieties, any F2 crossing or self-pollination between the before mentioned varieties and the progeny of any of the before mentioned.

All combinations of male and female parents for the before mentioned lines and cross- ings are included. Suitable Zea mays varieties include but are not limited to P3732,

A188, H84, B37Ht, Mo17Ht, W117Ht, Oh43, H99, W64A Ht rhm, F1 (A188 x Black

Mexican Sweet), F1 (A188 x B73Ht), F1 (B73Ht x A188), F1 (H84 x A188), F1 (Mo17Ht x A188) and F1 (C103 x A188). Such varieties are available as seeds from deposits such as American Type Culture Collection (ATCC) and other deposits for seed material known in the art.

More preferably, the immature embryo is isolated from a cross of a F1 or F2 (HiIIA x A188) plants with an inbred-line.

F1 seeds of corn genotype HiIIAxAI 88 can be preferably produced by crossing HiIIA (female parent) with inbred line A188 (male), and planted in the greenhouse as pollen

donor. F2 seeds of (HillAxA188) are produced by self-pollination of F1 (HillAxA188) plants either in the greenhouse or in the field, and planted in the greenhouse as the pollen donor.

Most preferred as inbred lines for the crossing with a F1 or F2 (HiIIA x A188) plants are lines selected from group of lines selected from the group of which representative seed having been deposited under the Budapest Treaty with the American Type Culture Collection (Manasses, VA 20110-2209, USA) under the Patent Deposit Designation PTA- 6170 (for seeds of line BPS553), and PTA-6171 (for seeds of line BPS631).

Hybrid immature embryos of BPS553x(HillAxA188) or BPS631x(HillAxA188) are preferably produced using inbred line BPS553 or BPS631 as the female parents, and either F1 or F2 (HillAxA188) plants as the male parent in the greenhouse. These hybrid immature embryos have demonstrated extraordinary high transformability in compari- son with (HiIIA x A188) immature embryos alone, known in the art as one of the best transformable Zea mays material (Ishida et al. 1996, Frame et al. 2002). The transformability of a hybrid immature embryo from a cross between a (HiIIA x A188) hybrid the BPS553 lines is at least twice the efficiency as for a (HiIIA x A188) embryo (for a comparison see Example 7 below). In consequence the above mentioned crosses are superior material for Zea mays transformation.

Accordingly, another preferred embodiment of the invention relates to a maize plant obtained by crossing a (HiIIA x A188) hybrid with an inbred-line selected from the group of which representative seed having been deposited under the Budapest Treaty with the American Type Culture Collection (Manasses, VA 20110-2209, USA) under the Patent Deposit Designation PTA-6170 (for seeds of line BPS553), and PTA-6171 (for seeds of line BPS631). Preferably said maize plant is transgenic (e.g., comprises a transgenic T-DNA). Other objects of the invention relate to descendants of said maize plant (such as for example inbred lines), inbreds or hybrid plants produced from said descendants, and parts of the before mentioned plants. Such parts may include but are not limited to tissue, cells, pollen, ovule, roots, leaves, seeds, microspores, and vegetative parts.

Zea mays plants for isolation of immature embryos are grown and pollinated as known in the art, preferably as described below in the examples.

The term "immature embryo" as used herein means the embryo of an immature seed which is in the stage of early development and maturation after pollination. The developmental stage of the immature embryos to be treated by the method of the present invention are not restricted and the collected embryos may be in any stage after pollination. Preferred embryos are those collected on not less than 2 days after their fertilization. Also preferred are scutella of immature embryos capable of inducing dedifferentiated calli having an ability to regenerate normal plants after having been transformed by the method mentioned below.

In a preferred embodiment the immature embryo is one in the stage of not less than 2 days after pollination. More preferably, immature embryos are isolated from ears from corn plants (preferably the first ear that comes out) harvested 7 to 14 days (preferably 8 to 11 days) after pollination (DAP). Exact timing of harvest varies depending on

growth conditions and maize variety. The size of immature embryos is a good indication of their stage of development. The optimal length of immature embryos for transformation is about 1 to 1.6 mm, including the length of the scutellum. The embryo should be translucent, not opaque.

In a preferred embodiment of the invention, the immature embryos are isolated and directly placed on the surface a solidified co-cultivation medium without additional washing steps. While the methods described in the art all include several preparation and washing steps all these are omitted in said improvement saving significant time and costs. With the present invention, the Agrobacterium infection step takes place on the co-cultivation medium, instead of in a tube containing Agrobacterium suspension cells, known to the art.

Preferably, the immature embryo is subjected to transformation (co-cultivation) without dedifferentiating pretreatment. Treatment of the immature embryos with a cell wall degrading enzyme or injuring (e.g., cutting with scalpels or perforation with needles) is optional. However, this degradation or injury step is not necessary and is omitted in a preferred embodiment of the invention.

The term "dedifferentiation", "dedifferentiation treatment" or "dedifferentiation pretreatment" means a process of obtaining cell clusters, such as callus, that show unorganized growth by culturing differentiated cells of plant tissues on a dedifferentiation medium. More specifically, the term "dedifferentiation" as used herein is intended to mean the process of formation of rapidly dividing cells without particular function in the scope of the plant body. These cells often possess an increased potency with regard to its ability to develop into various plant tissues. Preferably the term is intended to mean the reversion of a differentiated or specialized tissues to a more pluripotent or totipotent (e.g., embryonic) form. Dedifferentiation may lead to reprogramming of a plant tissue (revert first to undifferentiated, non-specialized cells, then to new and different paths). The term "totipotency" as used herein is intended to mean a plant cell containing all the genetic and/or cellular information required to form an entire plant. Dedifferentiation can be initiated by certain plant growth regulators (e.g., auxin and/or cytokinin compounds), especially by certain combinations and/or concentrations thereof.

2. Co-cultivation

The soil-borne bacterium employed for transfer of a T-DNA into the immature embryo can be any specie of the Rhizobiaceae family. The Rhizobiaceae family comprises the genera Agrobacterium, Rhizobium, Sinorhizobium, and Allorhizobium are genera within the bacterial family and has been included in the alpha-2 subclass of Proteobacteria on the basis of ribosomal characteristics. Members of this family are aerobic, Gram- negative. The cells are normally rod-shaped (0.6-1.0 μm by 1.5-3.0 μm), occur singly or in pairs, without endospore, and are motile by one to six peritrichous flagella. Considerable extracellular polysaccharide slime is usually produced during growth on carbohydrate-containing media. Especially preferred are Rhizobiaceae such as Sinorhizo- bium meliloti, Sinorhizobium medicae, Sinorhizobium fredii, Rhizobium sp. NGR234, Rhizobium sp. BR816, Rhizobium sp. N33, Rhizobium sp. GRH2, Sinorhizobium sa- heli, Sinorhizobium terangae, Rhizobium leguminosarum biovar trifolii, Rhizobium leguminosarum biovar viciae, Rhizobium leguminosarum biovar phaseoli, Rhizobium tropici, Rhizobium etli, Rhizobium galegae, Rhizobium gallicum, Rhizobium giardinii,

Rhizobium hainanense, Rhizobium mongolense, Rhizobium lupini, Mesorhizobium loti, Mesorhizobium huakuii, Mesorhizobium ciceri, Mesorhizobium mediterraneium, Mesorhizobium tianshanense, Bradyrhizobium elkanni, Bradyrhizobium japonicum, Bradyrhizobium liaoningense, Azorhizobium caulinodans, Allobacterium undicola, Phyl- lobacterium myrsinacearum, Agrobacterium tumefaciens, Agrobacterium radiobacter, Agrobacterium rhizogenes, Agrobacterium vitis, and Agrobacterium rubi.

The monophyletic nature of Agrobacterium, Allorhizobium and Rhizobium and their common phenotypic generic circumscription support their amalgamation into a single genus, Rhizobium. The classification and characterization of Agrobacterium strains including differentiation of Agrobacterium tumefaciens and Agrobacterium rhizogenes and their various opine-type classes is a practice well known in the art (see for example Laboratory guide for identification of plant pathogenic bacteria, 3rd edition. (2001) Schaad, Jones, and Chun (eds.) ISBN 0890542635; for example the article of Moore et a/, published therein). Recent analyses demonstrate that classification by its plant- pathogenic properties may not be justified. Accordingly more advanced methods based on genome analysis and comparison (such as 16S rRNA sequencing; RFLP, Rep- PCR, etc.) are employed to elucidate the relationship of the various strains (see for example Young 2003, Farrand 2003, de Bruijn 1996, Vinuesa 1998). The phylogenetic relationships of members of the genus Agrobacterium by two methods demonstrating the relationship of Agrobacterium strains K599 are presented in Llob 2003 (figure 2).

It is known in the art that not only Agrobacterium but also other soil-borne bacteria are capable to mediate T-DNA transfer provided that they the relevant functional elements for the T-DNA transfer of a Ti- or Ri-plasmid (Klein & Klein 1953; Hooykaas 1977; van Veen 1988).

Preferably, the soil-born bacterium is of the genus Agrobacterium. The term "Agrobacterium" as used herein refers to a soil-borne, Gram-negative, rod-shaped phytopatho- genie bacterium. The species of Agrobacterium, Agrobacterium tumefaciens (syn. Agrobacterium radiobacter), Agrobacterium rhizogenes, Agrobacterium rubi and Agrobacterium vitis, together with Allorhizobium undicola, form a monophyletic group with all Rhizobium species, based on comparative 16S rDNA analyses (Sawada 1993, Young 2003). Agrobacterium is an artificial genus comprising plant-pathogenic species.

The term Ti-plasmid as used herein is referring to a plasmid which is replicable in Agrobacterium and is in its natural, "armed" form mediating crown gall in Agrobacterium infected plants. Infection of a plant cell with a natural, "armed" form of a Ti-plasmid of Agrobacterium generally results in the production of opines (e.g., nopaline, agropine, octopine etc.) by the infected cell. Thus, Agrobacterium strains which cause production of nopaline (e.g., strain LBA4301 , C58, A208) are referred to as "nopal ine-type" Agro- bacteria; Agrobacterium strains which cause production of octopine (e.g., strain LBA4404, Ach5, B6) are referred to as "octopine-type" Agrobacteria; and Agrobacterium strains which cause production of agropine (e.g., strain EHA105, EHA101, A281) are referred to as "agropine-type" Agrobacteria. A disarmed Ti-plasmid is understood as a Ti-plasmid lacking its crown gall mediating properties but otherwise providing the functions for plant infection. Preferably, the T-DNA region of said "disarmed" plasmid was modified in a way, that beside the border sequences no functional internal Ti- sequences can be transferred into the plant genome. In a preferred embodiment -

when used with a binary vector system - the entire T-DNA region (including the T-DNA borders) is deleted.

The term Ri-plasmid as used herein is referring to a plasmid which is replicable in Agrobacterium and is in its natural, "armed" form mediating hairy-root disease in Agro- bacterium infected plants. Infection of a plant cell with a natural, "armed" form of an Ri- plasmid of Agrobacterium generally results in the production of opines (specific amino sugar derivatives produced in transformed plant cells such as e.g., agropine, cucu- mopine, octopine, mikimopine etc.) by the infected cell. Agrobacterium rhizogenes strains are traditionally distinguished into subclasses in the same way A. tumefaciens strains are. The most common strains are agropine-type strains (e.g., characterized by the Ri-plasmid pRi-A4), mannopine-type strains (e.g., characterized by the Ri-plasmid pRi8196) and cucumopine-type strains (e.g., characterized by the Ri-plasmid pRi2659). Some other strains are of the mikimopine-type (e.g., characterized by the Ri-plasmid pRi1723). Mikimopine and cucumopine are stereo isomers but no homology was found between the pRi plasmids on the nucleotide level (Suzuki 2001). A disarmed Ri- plasmid is understood as a Ri-plasmid lacking its hairy-root disease mediating properties but otherwise providing the functions for plant infection. Preferably, the T-DNA region of said "disarmed" Ri plasmid was modified in a way, that beside the border se- quences no functional internal Ri-sequences can be transferred into the plant genome. In a preferred embodiment - when used with a binary vector system - the entire T- DNA region (including the T-DNA borders) is deleted.

The Ti and Ri plasmids of A. tumefaciens and A. rhizogenes, respectively, carry genes responsible for genetic transformation of the plant (Kado 1991). Vectors are based on the Agrobacterium Ti- or Ri-plasmid and utilize a natural system of DNA transfer into the plant genome. As part of this highly developed parasitism Agrobacterium transfers a defined part of its genomic information (the T-DNA; flanked by about 25 bp repeats, named left and right border) into the chromosomal DNA of the plant cell (Zupan 2000). By combined action of the so called vir genes (part of the original Ti-plasmids) said DNA-transfer is mediated. For utilization of this natural system, Ti-plasmids were developed which lack the original tumor inducing genes ("disarmed vectors"). In a further improvement, the so called "binary vector systems", the T-DNA was physically separated from the other functional elements of the Ti-plasmid (e.g., the vir genes), by being incorporated into a shuttle vector, which allowed easier handling (EP-A 120 516; US 4.940.838). These binary vectors comprise (beside the disarmed T-DNA with its border sequences), prokaryotic sequences for replication both in Agrobacterium and E. coli. It is an advantage of Agrobacterium-med\ated transformation that in general only the DNA flanked by the borders is transferred into the genome and that preferentially only one copy is inserted. Descriptions of Agrobacterium vector systems and methods for λgro£>acfem/m-mediated gene transfer are known in the art (Miki 1993; Gruber 1993; Moloney 1989).

Hence, for Agrobacteria-med\ated transformation the genetic composition (e.g., com- prising an expression cassette) is integrated into specific plasmids, either into a shuttle or intermediate vector, or into a binary vector. If a Ti or Ri plasmid is to be used for the transformation, at least the right border, but in most cases the right and left border, of the Ti or Ri plasmid T-DNA is linked to the expression cassette to be introduced in the form of a flanking region. Binary vectors are preferably used. Binary vectors are capa-

ble of replication both in E.coli and in Agrobacterium. They may comprise a selection marker gene and a linker or polylinker (for insertion of e.g. the expression cassette to be transferred) flanked by the right and left T-DNA border sequence. They can be transferred directly into Agrobacterium (Holsters 1978). The selection marker gene permits the selection of transformed Agrobacteria and is, for example, the nptll gene, which confers resistance to kanamycin. The Agrobacterium which acts as host organism in this case should already contain a plasmid with the vir region. The latter is required for transferring the T-DNA to the plant cell. An Agrobacterium transformed in this way can be used for transforming plant cells. The use of T-DNA for transforming plant cells has been studied and described intensively (EP 120 516; Hoekema 1985; An 1985).

Common binary vectors are based on "broad host range"-plasmids like pRK252 (Bevan 1984) or pTJS75 (Watson 1985) derived from the P-type plasmid RK2. Most of these vetors are derivatives of pBIN19 (Bevan 1984). Various binary vectors are known, some of which are commercially available such as, for example, pBI101.2 or pBIN19 (Clontech Laboratories, Inc. USA). Additional vectors were improved with regard to size and handling (e.g. pPZP; Hajdukiewicz 1994). Improved vector systems are described also in WO 02/00900.

Preferably the soil-borne bacterium is a bacterium belonging to family Agrobacterium, more preferably a disarmed Agrobacterium tumefaciens or rhizogenes strain. In a preferred embodiment, Agrobacterium strains for use in the practice of the invention include octopine strains, e.g., LBA4404 or agropine strains, e.g., EHA101 or EHA105. Suitable strains of A. tumefaciens for DNA transfer are for example EHA101pEHA101 (Hood 1986), EHA105[pEHA105] (Li 1992), LBA4404[pAL4404] (Hoekema 1983), C58C1 [pMP90] (Koncz & Schell 1986), and C58C1[pGV2260] (Deblaere 1985). Other suitable strains are Agrobacterium tumefaciens C58, a nopaline strain. Other suitable strains are A. tumefaciens C58C1 (Van Larebeke 1974), A136 (Watson 1975) or LBA4011 (Klapwijk 1980). In another preferred embodiment the soil-borne bacterium is a disarmed strain variant of Agrobacterium rhizogenes strain K599 (NCPPB 2659). Such strains are described in US provisional application Application No. 60/606789, filed September 2 ^nd , 2004, hereby incorporated entirely by reference.

Preferably, these strains are comprising a disarmed plasmid variant of a Ti- or Ri- plasmid providing the functions required for T-DNA transfer into plant cells (e.g., the vir genes). In a preferred embodiment, the Agrobacterium strain used to transform the plant tissue pre-cultured with the plant phenolic compound contains a L ₁ L- succinamopine type Ti-plasmid, preferably disarmed, such as pEHA101. In another preferred embodiment, the Agrobacterium strain used to transform the plant tissue pre- cultured with the plant phenolic compound contains an octopine-type Ti-plasmid, preferably disarmed, such as pAL4404. Generally, when using octopine-type Ti-plasmids or helper plasmids, it is preferred that the virF gene be deleted or inactivated (Jarschow 1991).

The method of the invention can also be used in combination with particular Agrobacterium strains, to further increase the transformation efficiency, such as Agrobacterium strains wherein the vir gene expression and/or induction thereof is altered due to the presence of mutant or chimeric virA or virG genes (e.g. Hansen 1994; Chen and Wi-

nans 1991 ; Scheeren-Groot , 1994). Preferred are further combinations of Agrobacterium tumefaciens strain LBA4404 (Hiei 1994) with super-virulent plasmids. These are preferably pTOK246-based vectors (Ishida 1996).

A binary vector or any other vector can be modified by common DNA recombination techniques, multiplied in E. coli, and introduced into Agrobacterium by e.g., electropo- ration or other transformation techniques (Mozo 1991).

Agrobacterium is grown and used in a manner similar to that described in Ishida (Ishida 1996). The vector comprising Agrobacterium strain may, for example, be grown for 3 days on YP medium (5 g/l yeast extract, 10 g/l peptone, 5 g/l NaCI, 15 g/l agar, pH 6.8) supplemented with the appropriate antibiotic (e.g., 50 mg/l spectinomycin). Bacteria are collected with a loop from the solid medium and resuspended. In a preferred embodiment of the invention, Agrobacterium cultures are started by use of aliquots frozen at - 80 ⁰ C.

The transformation of the immature embryos by the Agrobacterium may be carried out by merely contacting the immature embryos with the Agrobacterium. The concentration of Agrobacterium used for infection and co-cultivation may need to be varied. For example, a cell suspension of the Agrobacterium having a population density of approxi- mately from 10 ⁵ to 10 ¹¹ , preferably 10 ⁶ to 10 ¹⁰ , more preferably about 10 ⁸ cells or cfu / ml is prepared and the immature embryos are immersed in this suspension for about 3 to 10 minutes. The resulting immature embryos are then cultured on a solid medium for several days together with the Agrobacterium.

In another preferred embodiment for the infection and co-cultivation step a suspension of the soil-borne bacterium (e.g., Agrobacteria) in the co-cultivation or infection medium is directly applied to each embryo, and excess amount of liquid covering the embryo is removed. Removal can be done by various means, preferably through either air-drying or absorbing. This is saving labor and time and is reducing unintended Agrobacterium- mediated damage by excess Agrobacterium usage. In a preferred embodiment from about 1 to about 10 μl of a suspension of the soil-borne bacterium (e.g., Agrobacteria) are employed. Preferably, the immature embryo is infected with Agrobacterium directly on the co-cultivation medium. Preferably, the bacterium is employed in concentration of 10 ⁶ to 10 ¹¹ cfu/ml.

For Agrobacterium treatment of isolated immature embryos, the bacteria are resuspended in a plant compatible co-cultivation medium. Supplementation of the co-culture medium with antioxidants (e.g., silver nitrate), phenol-absorbing compounds (like polyvinylpyrrolidone, Perl 1996) or thiol compounds (e.g., dithiothreitol, L-cysteine, Olhoft 2001) which can decrease tissue necrosis due to plant defense responses (like phenolic oxidation) may further improve the efficiency of transformation. In another preferred embodiment, the co-cultivation medium comprises of at least one thiol compound, preferably selected from the group consisting of sodium thiolsul- fate, dithiotrietol (DTT) and L-cysteine. Preferably the concentration is between about 1 rtiM and 1OmM of L-Cysteine, 0.1 rtiM to 5 rtiM DTT, and/or 0.1 rtiM to 5 rtiM sodium thiolsulfate. Preferably, the medium employed during co-cultivation comprises from about 1 μM to about 10 μM of silver nitrate and from about 50 mg/L to about 1 ,000 mg/L of L-Cysteine. This results in a highly reduced vulnerability of the immature embryo against Agrobacterium-mediated damage (such as induced necrosis) and highly

improves overall transformation efficiency.

A range of co-cultivation periods from a few hours to 7 days may be employed. The co- cultivation of Agrobacterium with the isolated immature embryos is in general carried out for about 12 hours to about five days, preferably about 1 day to about 3 days.

In an improved embodiment of the invention the isolated immature embryos and/or the Agrobacteria may be treated with a phenolic compound prior to or during the Agrobacterium co-cultivation. "Plant phenolic compounds" or "plant phenolics" suitable within the scope of the invention are those isolated substituted phenolic molecules which are capable to induce a positive chemotactic response, particularly those who are capable to induce increased vir gene expression in a Ti-plasmid containing Agrobacterium sp., particularly a Ti-plasmid containing Agrobacterium tumefaciens. Methods to measure chemotactic responses towards plant phenolic compounds have been like e.g., de- scribed (Ashby 1988) and methods to measure induction of vir gene expression are also well known (Stachel 1985; Bolton 1986). The pre-treatment and/or treatment during Agrobacterium co-cultivation has at least two beneficial effects: Induction of the vir genes of Ti plasmids or helper plasmids (Van Wordragen 1992; Jacq 1993; James 1993; Guivarc'h 1993), and enhancement of the competence for incorporation of for- eign DNA into the genome of the plant cell.

Preferred plant phenolic compounds are those found in wound exudates of plant cells. One of the best known plant phenolic compounds is acetosyringone, which is present in a number of wounded and intact cells of various plants, albeit in different concentra- tions. However, acetosyringone (3,5-dimethoxy-4-hydroxyacetophenone) is not the only plant phenolic which can induce the expression of vir genes. Other examples are α-hydroxy-acetosyringone, sinapinic acid (3,5-dimethoxy-4-hydroxycinnamic acid), syringic acid (4-hydroxy-3,5 dimethoxy benzoic acid), ferulic acid (4-hydroxy-3- methoxycinnamic acid), catechol (1,2-dihydroxybenzene), p-hydroxybenzoic acid (4- hydroxy benzoic acid), β-resorcylic acid (2,4-dihydroxybenzoic acid), protocatechuic acid (3,4-dihydroxybenzoic acid), pyrrogallic acid (2,3,4-trihydroxybenzoic acid), gallic acid (3,4,5-trihydroxybenzoic acid) and vanillin (3-methoxy-4-hydroxybenzaldehyde), and these phenolic compounds are known or expected to be able to replace acetosyringone in the cultivation media with similar results. As used herein, the mentioned molecules are referred to as plant phenolic compounds.

Plant phenolic compounds can be added to the plant culture medium either alone or in combination with other plant phenolic compounds. A particularly preferred combination of plant phenolic compounds comprises at least acetosyringone and p-hydroxybenzoic acid, but it is expected that other combinations of two, or more, plant phenolic compounds will also act synergistically in enhancing the transformation efficiency.

Moreover, certain compounds, such as osmoprotectants (e.g. L-proline preferably at a concentration of about 700 mg/L or betaine), phytohormes (inter alia NAA), opines, or sugars, act synergistically when added in combination with plant phenolic compounds.

In one embodiment of the invention, it is preferred that the plant phenolic compound, particularly acetosyringone is added to the medium prior to contacting the isolated immature embryos with Agrobacteria (for e.g., several hours to one day). The exact pe-

riod in which the cultured cells are incubated in the medium containing the plant phenolic compound such as acetosyringone, is believed not to be critical and only limited by the time the immature embryos start to differentiate.

The concentration of the plant phenolic compound in the medium is also believed to have an effect on the development of competence for integrative transformation. The optimal concentration range of plant phenolic compounds in the medium may vary depending on the Zea mays variety from which the immature embryos derived, but it is expected that about 100 μM to 700 μM is a suitable concentration for many purposes. However, concentrations as low as approximately 25 μM can be used to obtain a good effect on transformation efficiency. Likewise, it is expected that higher concentrations up to approximately 1000 μM will yield similar effects. Comparable concentrations apply to other plant phenolic compounds, and optimal concentrations can be established easily by experimentation in accordance with this invention.

Agrobacteria to be co-cultivated with the isolated immature embryos can be either pre- incubated with acetosyringone or another plant phenolic compound, as known by the person skilled in the art, or used directly after isolation from their culture medium. Particularly suited induction conditions for Agrobacterium tumefaciens have been de- scribed by Vernade et al. (1988). Efficiency of transformation with Agrobacterium can be enhanced by numerous other methods known in the art like for example vacuum infiltration (WO 00/58484), heat shock and/or centrifugation, addition of silver nitrate, sonication etc.

It has been observed within this invention that transformation efficacy of the isolated immature embryos by Agrobacterium can be significantly improved by keeping the pH of the co-cultivation medium in a range from 5.4 to 6.4, preferably 5.6 to 6.2, especially preferably 5.8 to 6.0. In an improved embodiment of the invention stabilization pf the pH in this range is mediated by a combination of MES and potassium hydrogenphos- phate buffers.

3. Recovery and Selection

After the co-cultivation with the bacteria described above remaining bacteria may be removed (e.g., by a washing step). The medium employed after the co-cultivation step preferably contains a bacteriocide (antibiotic). This step is intended to promote initiation of embryogenic callus formation in the Agrobacterium- ^' mfected embryo, and kill the remaining Agrobacterium cells. Accordingly, the method of the invention comprises the step of transferring the co-cultivated immature embryos to a recovering medium comprising i. an effective amount of at least one antibiotic that inhibits or suppresses the growth of the soil-borne bacteria, and ii. L-proline in a concentration from about 1 g/l to about 10g/l, and iii. silver nitrate in a concentration from about 1 μM to about 50 μM, and iv. an effective amount of at least one auxin compound, but not comprising an effective amount of a phytotoxic selection agent.

Optionally said recovering medium may also comprise at least one plant growth factor. Preferred bactericidal antibiotics to be employed are e.g., carbenicillin (500 mg/L) or Timentin™ (GlaxoSmithKline; a mixture of ticarcillin disodium and clavulanate potas-

sium; 0.8 g Timentin™ contains 50 mg clavulanic acid with 750 mg ticarcillin. Chemically, ticarcillin disodium is N-(2-Carboxy-3,3-dimethyl-7-oxo-4-thia-1- azabicyclop^.OJhept-θ-yO-S-thio-phenemalonamic acid disodium salt. Chemically, cla- vulanate potassium is potassium (Z)-(2R, 5R)-3-(2-hydroxyethylidene)-7-oxo-4-oxa-1- azabicyclo[3.2.0] heptane-2-carboxylate).

It is preferred that during the recovery period no presence of a phytotoxic level of a selection agent (such as a herbicide, phytotoxic antibiotic, phytotoxic D-amino acid etc.) is employed. In case selection of transformed plant cells should be based on use of a negative selection marker (see below) a negative (or phytotoxic) selection agent to be employed in combination with said negative selection marker should be employed only after the recovery period. In contrast agents for positive selection and/or screenable marker selection may be employed even during the recovery period. Examples for preferred recovery media are given below (A-4 or A-5).

The recovery period may last for about 1 day to about 14 days, preferably about 5 days to about 8 days. Preferably, the scutellum side is kept up during this time and do not embedded into the media.

After the recovery step the immature embryos are transferred to and incubated on a selection medium comprising suitable plant growth regulators for induction of embryo- genie callus formation. The selection medium further comprises at least one compound which either terminates or at least retard the growth of the non-transformed cells or stimulates growth of transformed cells beyond the growth rate of non-transformed cells.

The term "plant growth regulator" (PGR) as used herein means naturally occurring or synthetic (not naturally occurring) compounds that can regulate plant growth and development. PGRs may act singly or in consort with one another or with other compounds (e.g., sugars, amino acids).

More specifically the medium employed for embryogenic callus induction and selection comprises i. an effective amount of at least one auxin compound, and ii. an effective amount of a selection agent allowing for selection of cells comprising the transgenic.

Furthermore the embryogenic callus induction medium may optionally comprise an effective amount of at least one antibiotic that inhibits or suppresses the growth of the soil-borne bacteria (as defined above).

The term "auxin" or "auxin compounds" comprises compounds which stimulate cellular elongation and division, differentiation of vascular tissue, fruit development, formation of adventitious roots, production of ethylene, and - in high concentrations - induce de- differentiation (callus formation). The most common naturally occurring auxin is in- doleacetic acid (IAA), which is transported polarly in roots and stems. Synthetic auxins are used extensively in modern agriculture. Synthetic auxin compounds comprise in- dole-3-butyric acid (IBA), naphthylacetic acid (NAA), and 2,4-dichlorphenoxyacetic acid (2,4-D).

Preferably, when used as the sole auxin compound, 2,4-D in a concentration of about 0.2 mg/l to about 6 mg/l, more preferably about 0.3 to about 2 mg/l, most preferably about 1.5 mg/l is employed. In case other auxin compounds or combinations thereof are employed, their preferred combinations is chosen in a way that the dedifferentiating effect is equivalent to the effect achieved with the above specified concentrations of 2,4-D when used as the sole auxin compound.

Furthermore, combination of different auxins can be employed, for example a combination of 2,4-D and Picloram. Preferably, 2,4-D in a concentration of about 0.5 mg/l can be combined with one or more other types of auxin compounds e.g. Picloram in a concentration of about 1 to about 2 mg/l for improving quality/quantity of embryogenic callus formation.

The medium may be optionally further supplemented with one or more additional plant growth regulator, like e.g., cytokinin compounds (e.g., 6-benzylaminopurine) and/or other auxin compounds. Such compounds include, but are not limited to, IAA, NAA, IBA, cytokinins, auxins, kinetins, glyphosate, and thiadiazorun. Cytokinin compounds comprise, for example, 6-isopentenyladenine (IPA) and 6-benzyladenine/6- benzylaminopurine (BAP).

The selection and callus induction period may take from about 1 to about 10 weeks, preferably, 3 to 7 weeks, more preferably 4 to 6 weeks. In between the selection period the callus may be transferred to fresh selection medium one or more times. However alternatively and preferably in an improved, simplified method of the invention, only one selection medium step (without transfer to new selection medium) is required. In consequence, about 30% of time and labor (i.e., 60 min for every 100 immature embryos) is saved. While the basic protocol (with 2 transfer steps) requires growing callus on selection media for usually 5 to 6 weeks, the improved, simplified method requires 4 weeks. Thus, the whole transformation process is shortened by 1 to 2 weeks.

Agrobacterium-mediated techniques typically may result in gene delivery into a limited number of cells in the targeted tissue. The insertion of the genetic component into the chromosomal DNA can be demonstrated and analyzed by various methods known in the art like e.g., PCR analysis, Southern blot analysis, fluorescence in situ hybridization (FISH), and in situ PCR. However, selection of successfully transformed from untrans- formed cells is preferred. Preferably this is done by applying a selection compound which in combination with a selectable marker genes on the T-DNA allows for such selection through a selective advantage. Various selectable markers are known inb the art suitable for Zea mays transformation. Such markers may include but are not limited to: i) Negative selection markers

Negative selection markers confer a resistance to a biocidal compound such as a metabolic inhibitor (e.g., 2-deoxyglucose-6-phosphate, WO 98/45456), antibiotics (e.g., kanamycin, G 418, bleomycin or hygromycin) or herbicides (e.g., phosphinothricin or glyphosate). Transformed plant material (e.g., cells, tissues or plantlets), which express marker genes, are capable of developing in the presence of concentrations of a corresponding selection compound (e.g., antibiotic or herbicide) which suppresses growth of an untransformed wild type tissue. Especially preferred negative selection markers are

those which confer resistance to herbicides. Examples which may be mentioned are:

Phosphinothricin acetyltransferases (PAT; also named Bialophos ^® resistance; bar; de Block 1987; Vasil 1992, 1993; Weeks 1993; Becker 1994; Nehra 1994; Wan &

Lemaux 1994; EP 0 333 033; US 4,975,374) - 5-enolpyruvylshikimate-3-phosphate synthase (EPSPS) conferring resistance to

Glyphosate ^® (N-(phosphonomethyl)glycine) (Shah 1986; Della-Cioppa 1987)

Glyphosate ^® degrading enzymes (Glyphosate ^® oxidoreductase; gox),

Dalapon ^® inactivating dehalogenases (deh) sulfonylurea- and/or imidazolinone-inactivating acetolactate synthases (ahas or ALS; for example mutated ahas/ALS variants with, for example, the S4, Xl 12,

XA17, and/or Hra mutation

Bromoxynil ^® degrading nitrilases (bxn)

Kanamycin- or. geneticin (G418) resistance genes (NPTII; NPTI) coding e.g., for neomycin phosphotransferases (Fraley 1983; Nehra 1994) - 2-Desoxyglucose-6-phosphate phosphatase (DOG ^R 1-Gene product; WO

98/45456; EP 0 807 836) conferring resistance against 2-desoxyglucose (Randez-

GiI 1995). hygromycin phosphotransferase (HPT), which mediates resistance to hygromycin

(Vanden Elzen 1985). - dihydrofolate reductase (Eichholtz 1987)

Additional negative selectable marker genes of bacterial origin that confer resistance to antibiotics include the aadA gene, which confers resistance to the antibiotic spectino- mycin, gentamycin acetyl transferase, streptomycin phosphotransferase (SPT), ami- noglycoside-3-adenyl transferase and the bleomycin resistance determinant (Hayford 1988; Jones 1987; Svab 1990; HiIIe 1986).

Especially preferred are negative selection markers that confer resistance against the toxic effects imposed by D-amino acids like e.g., D-alanine and D-serine (WO 03/060133; Erikson 2004). Especially preferred as negative selection marker in this contest are the dao\ gene (EC: 1.4. 3.3 : GenBank Acc.-No.: U60066) from the yeast Rhodotorula gracilis (Rhodosporidium toruloides) and the E. coli gene dsdA (D-serine dehydratase (D-serine deaminase) [EC: 4.3. 1.18; GenBank Acc.-No.: J01603).

Transformed plant material (e.g., cells, embryos, tissues or plantlets) which express such marker genes are capable of developing in the presence of concentrations of a corresponding selection compound (e.g., antibiotic or herbicide) which suppresses growth of an untransformed wild type tissue. The resulting plants can be bred and hybridized in the customary fashion. Two or more generations should be grown in order to ensure that the genomic integration is stable and hereditary. Corresponding methods are described (Jenes 1993; Potrykus 1991).

Furthermore, reporter genes can be employed to allow visual screening, which may or may not (depending on the type of reporter gene) require supplementation with a sub- strate as a selection compound.

Various time schemes can be employed for the various negative selection marker genes. In case of resistance genes (e.g., against herbicides or D-amino acids) selection is preferably applied throughout callus induction phase for about 4 weeks and be-

yond at least 4 weeks into regeneration. Such a selection scheme can be applied for all selection regimes. It is furthermore possible (although not explicitly preferred) to remain the selection also throughout the entire regeneration scheme including rooting.

For example, with the phosphinotricin resistance gene (bar) as the selective marker, phosphinotricin at a concentration of from about 1 to 50 mg/l may be included in the medium. For example, with the dao1 gene as the selective marker, D-serine or D- alanine at a concentration of from about 3 to 100 mg/l may be included in the medium. Typical concentrations for selection are 20 to 40 mg/l. For example, with the mutated ahas genes as the selective marker, PURSUIT ^™ at a concentration of from about 100 to about 1500 nM may be included in the medium. Typical concentrations for selection are about 500 to about 1000 nM.

In a preferred embodiment of the invention the negative selection marker is an ahas genes conferring resistance against sulfonylurea- and/or imidazoli none-type herbicides. In one embodiment of the invention different ahas mutants can be combined in a way to allow multiple subsequent transformation. For example a first transformation can be carried out employing the Xl 12 mutant ahas2 gene. Xl 12 mutant maize lines with the mutated ahas2 gene demonstrate to be highly resistant to imazethapyr (PURSUIT ^™ ), but sensitive to imazaquin (SCEPTER ^™ ) and susceptible to sulfonylurea herbicides. Xl 12 ahas2 gene isolated from the mutant maize line coupled with selection on imida- zolinone herbicide has been used successfully in the art for transformation of corn, rice and wheat (US 6,653,529). In greenhouse study, transgenic rice plants containing the XI12 ahas gene exhibited tolerance to the imidazolinone and sulfonylurea herbicides in a similar fashion as the non-transformed Xl 12 mutant plant. Similar phenomenon was also observed in a field experiment conducted with transgenic corn plants. Selection for constructs comprising a Xl 12 mutant ahas selection marker can be carried out for example with PURSUIT ^™ .

The second transformation into the resulting transgenic plant with the Xl 12 mutant ahas selection marker can be carried out using the XA17 ahas mutant gene. Maize XA17 mutants demonstrates to be highly resistant to both imazethapyr and imazaquin (SCEPTER ^™ ), and slightly tolerant to sulfonylurea herbicides. As the maize XA17 gene confers differential tolerance to different imidazolinone compounds and the sulfony- lurea herbicides, it can be used as a selectable marker in plant transformation with the choice of using imazethapyr, imazaquin or sulfonylurea as selective reagent.

The mutated XA17 ahas gene and its promoter can be isolated from XA17 mutant line. The sequence was isolated and the gene characterized (Bemnasconi 1995). The muta- tion for XA17 is at nucleotide position 1625 of SEQ ID NO: 2. A single base change from G to T has occurred at this position leading to an amino acid change from Tryptophan to Leucine at amino acid position 542 of SEQ ID NO: 3 (previously referred as 542 mutation in the former naming system). This mutation is equivalent to amino acid position 574 in Arabidopsis and now referred as 574 mutation in the new ahas naming system to be consistent for the same mutation in different species.

The XA17 mutant and its phenotype has be described (US 4,761 ,373; US 5,304,732; Anderson & Gregeson 1989; Currie 1995; Newhouse 1991). Selection can be carried out with the SCEPTER ^™ herbicide or sulfonylurea compound for selection. In conse-

quence the combination of the various ahas mutants allows for efficient gene stacking providing a mechanism for double transformation.

Preferably, the XA17 mutant ahas gene is described by a amino acid sequence as de- scribed by SEQ ID NO: 3 or a sequence having at least 60%, preferably at least 80%, more preferably at least 90%, most preferably at least 95% homology with the sequence as described by SEQ ID NO 3 and having a Leucine residue at the position corresponding to position 542 of SEQ ID NO: 3 being able to confer resistance against imazethapyr and imazaquin herbicides. Thus, another embodiment of the invention relates to a method for subsequent transformation of at least two DNA constructs into a plant comprising the steps of: a) a first transformation with a first construct said construct comprising a first mutated ahas selection marker gene, said first gene conferring resistance to imazethapyr but sensitive to imazaquin, and selecting plants resistant to imazethapyr, and b) a second transformation with a second construct said construct comprising a second mutated ahas selection marker gene, said second gene conferring resistance to both imazethapyr and imazaquin, and selecting plants resistant to imazaquin.

Preferably, said first gene is an Xl 12 ahas mutant gene and/or wherein said second gene is an XA17 ahas mutant gene. More preferably, said plant is a Zea mays plant.

Another embodiment of the invention relates to a plant cell or plant comprising a a) a first mutated ahas selection marker gene, said first gene conferring resistance to imazethapyr but sensitive to imazaquin, and b) a second mutated ahas selection marker gene, said second gene conferring resistance to both imazethapyr and imazaquin.

Preferably, said first gene is an Xl 12 ahas mutant gene and/or wherein said second gene is an XA17 ahas mutant gene. More preferably, said first and said second genes are transgenes. The plant is preferably a Zea mays plant.

ii) Positive selection marker

Furthermore, positive selection marker can be employed. Genes like isopentenyltrans- ferase from Agrobacterium tumefaciens (strain:PO22; Genbank Acc.-No.: AB025109) may - as a key enzyme of the cytokinin biosynthesis - facilitate regeneration of transformed plants (e.g., by selection on cytokinin-free medium). Corresponding selection methods are described (Ebinuma 2000a, b). Additional positive selection markers, which confer a growth advantage to a transformed plant in comparison with a non- transformed one, are described e.g., in EP-A 0 601 092. Growth stimulation selection markers may include (but shall not be limited to) β-Glucuronidase (in combination with e.g., a cytokinin glucuronide), mannose-6-phosphate isomerase (in combination with mannose), UDP-galactose-4-epimerase (in combination with e.g., galactose), wherein mannose-6-phosphate isomerase in combination with mannose is especially preferred.

iii) Counter-selection marker

Counter-selection markers are especially suitable to select organisms with defined deleted sequences comprising said marker (Koprek 1999). Examples for counter- selection marker comprise thymidin kinases (TK), cytosine deaminases (Gleave 1999; Per- era 1993; Stougaard 1993), cytochrom P450 proteins (Koprek 1999), haloalkan deha-

logenases (Naested 1999), iaaH gene products (Sundaresan 1995), cytosine deaminase codA (Schlaman & Hooykaas 1997), or tms2 gene products (Fedoroff & Smith 1993).

4. Regeneration

After the embryogenic callus induction and selection period (as described above) the resulting maturing embryogenic callus is transferred to a medium allowing conversion of transgenic plantlets. Preferably such medium does not comprise auxins such as 2,4- D in a concentration leading to dedifferentiation.

In an preferred embodiment such medium may comprise one or more compounds selected from the group consisting of: i) cytokinins such as for example zeatin, preferably in a concentration from about 0.5 to about 10 mg/L, more preferably from about 1.5 to about 5 mg/L, ii) an effective amount of at least one antibiotic that inhibits or suppresses the growth of the soil-borne bacteria (as defined above), and iii) an effective amount of a selection agent allowing for selection of cells comprising the transgenic T-DNA.

The embryogenic callus is preferably incubated on this medium until shoots are formed and then transferred to a rooting medium. Such incubation may take from 1 to 5, preferably from 2 to 3 weeks.

Regenerated shoots or plantlets (i.e., shoots with roots) are transferred to Phytatray or Magenta boxes containing rooting medium (such as the medium described by recipe A- 8) and incubate until rooted plantlets have developed (usually 1 to 4 weeks, preferably 2 weeks). The rooted seedlings are transferred to Metromix soil and grown to mature plants as described in the art (see examples).

In a preferred embodiment of the invention an improved procedure is employed and plantlets regenerated on plates are directly transplanted to MetroMix in the greenhouse, omitting the step in the rooting box, thereby saving time and labor.

If needed putative transgenic plants are sprayed with the appropriate selection agent (such as 70 to 100 g/ha Pursuit ^™ ), and grown in the greenhouse for another two weeks. Non-transgenic plants should develop herbicidal symptoms or die in this time. Survived plants are transplanted into pots with MetroMix soil.

The resulting plants can be bred and hybridized in the customary fashion. Two or more generations should be grown in order to ensure that the genomic integration is stable and hereditary. For example, at the flowering stage, the tassels of transgenic plants are bagged with brown paper bags to prevent pollen escape. Pollination is performed on the transgenic plants. It is best to do self-pollination on the transgenic plants. If silking and anthesis are not synchronized, a wild-type pollen donor or recipient plant with same genetic background as the transgenic T ₀ plant should be available for performing cross-pollination. T ₁ seeds are harvested, dried and stored properly with adequate label on the seed bag. After harvesting the transgenic T ₁ seeds, T ₀ plants including the soil and pot should be bagged in autoclave bags and autoclaved (double bagging).

Other important aspects of the invention include the progeny of the transgenic plants prepared by the disclosed methods, as well as the cells derived from such progeny, and the seeds obtained from such progeny.

5. Preferred genetic components and T-DNAs

Preferably, the genetic component (e.g., the T-DNA) inserted into the genome of the target plant comprises at least one expression cassette, which may - for example - facilitate expression of selection markers, trait genes, antisense RNA or double- stranded RNA. Preferably said expression cassettes comprise a promoter sequence functional in plant cells operatively linked to a nucleic acid sequence which - upon expression - confers an advantageous phenotype to the so transformed plant. The person skilled in the art is aware of numerous sequences which may be utilized in this context, e.g. to increase quality of food and feed, to produce chemicals, fine chemicals or pharmaceuticals (e.g., vitamins, oils, carbohydrates; Dunwell 2000), conferring resis- tance to herbicides, or conferring male sterility. Furthermore, growth, yield, and resistance against abiotic and biotic stress factors (like e.g., fungi, viruses or insects) may be enhanced. Advantageous properties may be conferred either by overexpressing proteins or by decreasing expression of endogenous proteins by e.g., expressing a corresponding antisense (Sheehy 1988; US 4,801,340; MoI 1990) or double-stranded RNA (Matzke 2000; Fire 1998; Waterhouse 1998; WO 99/32619; WO 99/53050; WO 00/68374; WO 00/44914; WO 00/44895; WO 00/49035; WO 00/63364).

For expression in plants, plant-specific promoters are preferred. The term "plant- specific promoter" is understood as meaning, in principle, any promoter which is capa- ble of governing the expression of genes, in particular foreign genes, in plants or plant parts, plant cells, plant tissues or plant cultures. In this context, expression can be, for example, constitutive, inducible or development-dependent. The following are preferred:

a) Constitutive promoters

"Constitutive" promoters refers to those promoters which ensure expression in a large number of, preferably all, tissues over a substantial period of plant development, preferably at all times during plant development. A plant promoter or promoter originating from a plant virus is especially preferably used. The promoter of the CaMV (cauliflower mosaic virus) 35S transcript (Franck 1980; Odell 1985; Shewmaker 1985; Gardner 1986) or the 19S CaMV promoter (US 5,352,605; WO 84/02913; Benfey 1989) are especially preferred. Another suitable constitutive promoter is the rice actin promoter (McElroy 1990), Rubisco small subunit (SSU) promoter (US 4,962,028), the legumin B promoter (GenBank Ace. No. X03677), the promoter of the nopalin synthase from Agrobacterium, the TR dual promoter, the OCS (octopine synthase) promoter from Agrobacterium, the ubiquitin promoter (Holtorf 1995), the ubiquitin 1 promoter (Chris- tensen 1989, 1992; Bruce 1989), the Smas promoter, the cinnamyl alcohol dehydrogenase promoter (US 5,683,439), the promoters of the vacuolar ATPase subunits, the pEMU promoter (Last 1991); the MAS promoter (Velten 1984) and maize H3 histone promoter (Lepetit 1992; Atanassova 1992), the promoter of the Arabidopsis thaliana nitrilase-1 gene (GenBank Ace. No.: U38846, nucleotides 3862 to 5325 or else 5342) or the promoter of a proline-rich protein from wheat (WO 91/13991), and further promoters of genes whose constitutive expression in plants, especially in monocot or

Gramineae plants is known to the skilled worker. The maize ubiquitin promoter is particularly preferred in wheat and barley.

b) Tissue-specific or tissue-preferred promoters Furthermore preferred are promoters with specificities for seeds, such as, for example, the phaseolin promoter (US 5,504,200; Bustos 1989, Murai 1983; Sengupta-Gopalan 1985), the promoter of the 2S albumin gene (Joseffson 1987), the legumine promoter (Shirsat 1989), the USP (unknown seed protein) promoter (Baumlein 1991a), the napin gene promoter (US 5,608,152; Stalberg 1996), the promoter of the sucrose binding proteins (WO 00/26388) or the legumin B4 promoter (LeB4; Baumlein 1991 b, 1992), the Arabidopsis oleosin promoter (WO 98/45461), and the Brassica Bce4 promoter (WO 91/13980). Promoters which are furthermore preferred are those which permit a seed-specific expression in monocots such as maize, barley, wheat, rye, rice and the like. The promoter of the Ipt2 or Ipt1 gene (WO 95/15389, WO 95/23230) or the pro- moters described in WO 99/16890 (promoters of the hordein gene, the glutelin gene, the oryzin gene, the prolamin gene, the gliadin gene, the glutelin gene, the zein gene, the casirin gene or the secalin gene) can advantageously be employed. Further preferred are a leaf-specific and light-induced promoter such as that from cab or rubisco (Simpson 1985; Timko 1985); an anther-specific promoter such as that from LAT52 (Twell 1989b); a pollen-specific promoter such as that from Zml3 (Guerrero 1993); and a microspore-preferred promoter such as that from apg (Twell 1993).

c) Chemically inducible promoters

The expression cassettes may also contain a chemically inducible promoter (review article: Gatz 1997), by means of which the expression of the exogenous gene in the plant can be controlled at a particular point in time. Such promoters such as, for example, the PRP1 promoter (Ward 1993), a salicylic acid-inducible promoter (WO 95/19443), a benzenesulfonamide-inducible promoter (EP 0 388 186), a tetracyclin- inducible promoter (Gatz 1991 , 1992), an abscisic acid-inducible promoter EP 0 335 528) or an ethanol-cyclohexanone-inducible promoter (WO 93/21334) can likewise be used. Also suitable is the promoter of the glutathione-S transferase isoform Il gene (GST-I I-27), which can be activated by exogenously applied safeners such as, for example, N,N-diallyl-2,2-dichloroacetamide (WO 93/01294) and which is operable in a large number of tissues of both monocots and dicots. Further exemplary inducible pro- moters that can be utilized in the instant invention include that from the ACE1 system which responds to copper (Mett 1993); or the In2 promoter from maize which responds to benzenesulfonamide herbicide safeners (Hershey 1991; Gatz 1994). A promoter that responds to an inducing agent to which plants do not normally respond can be utilized. An exemplary inducible promoter is the inducible promoter from a steroid hormone gene, the transcriptional activity of which is induced by a glucocorticosteroid hormone (Schena 1991).

Particularly preferred are constitutive promoters. Furthermore, further promoters may be linked operably to the nucleic acid sequence to be expressed, which promoters make possible the expression in further plant tissues or in other organisms, such as, for example, E.coli bacteria. Suitable plant promoters are, in principle, all of the above- described promoters.

The genetic component and/or the expression cassette may comprise further genetic

control sequences in addition to a promoter. The term "genetic control sequences" is to be understood in the broad sense and refers to all those sequences which have an effect on the materialization or the function of the expression cassette according to the invention. For example, genetic control sequences modify the transcription and transla- tion in prokaryotic or eukaryotic organisms. Preferably, the expression cassettes according to the invention encompass a promoter functional in plants 5'-upstream of the nucleic acid sequence in question to be expressed recombinantly, and 3'-downstream a terminator sequence as additional genetic control sequence and, if appropriate, further customary regulatory elements, in each case linked operably to the nucleic acid sequence to be expressed recombinantly.

Genetic control sequences furthermore also encompass the 5'-untranslated regions, introns or noncoding 3'-region of genes, such as, for example, the actin-1 intron, or the Adh1-S introns 1 , 2 and 6 (general reference: The Maize Handbook, Chapter 116, Freeling and Walbot, Eds., Springer, New York (1994)). It has been demonstrated that they may play a significant role in the regulation of gene expression. Thus, it has been demonstrated that 5'-untranslated sequences can enhance the transient expression of heterologous genes. Examples of translation enhancers which may be mentioned are the tobacco mosaic virus 5' leader sequence (GaIMe 1987) and the like. Furthermore, they may promote tissue specificity (Rouster 1998).

The expression cassette may advantageously comprise one or more enhancer sequences, linked operably to the promoter, which make possible an increased recombinant expression of the nucleic acid sequence. Additional advantageous sequences, such as further regulatory elements or terminators, may also be inserted at the 3' end of the nucleic acid sequences to be expressed recombinantly. Polyadenylation signals which are suitable as control sequences are plant polyadenylation signals, preferably those which essentially correspond to T-DNA polyadenylation signals from Agrobacte- rium tumefaciens, in particular the OCS (octopin synthase) terminator and the NOS (nopalin synthase) terminator.

Control sequences are furthermore to be understood as those permitting removal of the inserted sequences from the genome. Methods based on the cre/lox (Sauer 1998; Odell 1990; Dale 1991), FLP/FRT (Lysnik 1993), or Ac/Ds system (Wader 1987; US 5,225,341 ; Baker 1987; Lawson 1994) permit a - if appropriate tissue-specific and/or inducible - removal of a specific DNA sequence from the genome of the host organism. Control sequences may in this context mean the specific flanking sequences (e.g., lox sequences), which later allow removal (e.g., by means of ere recombinase).

The genetic component and/or expression cassette of the invention may comprise further functional elements. The term functional element is to be understood in the broad sense and refers to all those elements which have an effect on the generation, amplification or function of the genetic component, expression cassettes or recombinant organisms according to the invention. Functional elements may include for example (but shall not be limited to):

1 ) Selection markers as described above.

2) Reporter genes

Reporter genes encode readily quantifiable proteins and, via their color or enzyme activity, make possible an assessment of the transformation efficacy, the site of expression or the time of expression. Very especially preferred in this context are genes en- coding reporter proteins (Schenborn 1999) such as the green fluorescent protein (GFP) (Sheen 1995; Haseloff 1997; Reichel 1996; Tian 1997; WO 97/41228; Chui 1996; Lef- fel 1997), chloramphenicol transferase, a luciferase (Ow 1986; Millar 1992), the aequorin gene (Prasher 1985), β-galactosidase, R locus gene (encoding a protein which regulates the production of anthocyanin pigments (red coloring) in plant tissue and thus makes possible the direct analysis of the promoter activity without addition of further auxiliary substances or chromogenic substrates (Dellaporta 1988; Ludwig 1990), with β-glucuronidase (GUS) being very especially preferred (Jefferson 1987a,b). β-glucuronidase (GUS) expression is detected by a blue color on incubation of the tissue with 5-bromo-4-chloro-3-indolyl-β-D-glucuronic acid, bacterial luciferase (LUX) expression is detected by light emission; firefly luciferase (LUC) expression is detected by light emission after incubation with luciferin; and galactosidase expression is detected by a bright blue color after the tissue is stained with 5-bromo-4-chloro-3- indolyl-β-D-galactopyranoside. Reporter genes may also be used as scorable markers as alternatives to antibiotic resistance markers. Such markers are used to detect the presence or to measure the level of expression of the transferred gene. The use of scorable markers in plants to identify or tag genetically modified cells works well only when efficiency of modification of the cell is high.

3) Origins of replication, which ensure amplification of the expression cassettes or vectors according to the invention in, for example, E. coli. Examples which may be mentioned are ORI (origin of DNA replication), the pBR322 ori or the P15A ori (Maniatis 1989).

4) Elements which are necessary for plant transformation, such as, for example, the right or left border of the T-DNA or the vir region.

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

Sequences

1. SEQ ID NO: 1 Binary vector pPBS_MM232

2. SEQ ID NO: 2 Nucleic acid sequence coding for XA17 mutant of ahas selection marker. 3. SEQ ID NO: 3 Amino acid sequence coding for XA17 mutant of ahas selection marker.

Deposit under the Budapest Treaty

A deposit was made under the Budapest Treaty for the following material:

1. Seed of Zea mays line BPS553; Patent Deposit Designation PTA-6170.

2. Seed of Zea mays line BPS631; Patent Deposit Designation PTA-6171.

The deposit was made with the American Type Culture Collection (ATCC), Manassas, VA 20110-2209 USA on August 26, 2004.

Examples General methods:

Unless indicated otherwise, chemicals and reagents in the Examples were obtained from Sigma Chemical Company (St. Louis, MO). Materials for cell culture media were obtained from Gibco/BRL (Gaithersburg, MD) or DIFCO (Detroit, Ml). The cloning steps carried out for the purposes of the present invention, such as, for example, transforma- tion of E. coli cells, growing bacteria, multiplying phages and sequence analysis of recombinant DNA, are carried out as described by Sambrook (1989). The following examples are offered by way of illustration and not by way of limitation.

Media Recipes Imazethapyr (Pursuit) stock solution (1 mM) is prepared by dissolving 28.9 mg of Pursuit into 100 ml of DMSO (Sigma), and stored at 4°C in the dark. Acetosyringone stock is prepared as 200 mM solution in DMSO and stored at -20°C.

A-1. Maize YP Media for rowin A robacterium

Adjust pH to 6.8 with 1 M NaOH. For solid medium add 3 g agar (EM Science) per 250 ml_ bottle. Aliquot 100 ml_ media to each 250 ml_ bottle, autoclave, let cool and solidify in bottles. For plate preparation, medium in bottle is melted in microwave oven, and the bottle is placed in water bath and cool to 55°C. When cooled, add spectinomycin (Sigma S-4014) to a final concentration of 50 mg/l mix well and pour the plates.

A-2. Maize LS-inf Medium

Adjust_pH to 5.2 with 1 M HCI, filter sterilize, dispense in 100 mL aliquots, add acetosy- ringone (100 μM) to the medium right before used for Agrobacterium infection (50 μL to 100 mL media - 200 mM stock).

A-3. Maize 1.5LSAs Medium for co-cultivation

Adjust pH media to 5.8 with 1 M NaOH. Weigh 4 g Sigma Purified Agar per bottle (8g/L) and dispense 500 mL media per bottle, autoclave. When cooled add AgNO3 (stock at 15 mM) to a final concentration of 15 μM and L-cysteine (stock at 150 mg/ml) to a final concentration 300 mg/l. Pour into 100 x 20 mm Petri plates. Medium containing acetosyringone should be used freshly without long term storage.

A-4. Maize Recover Medium - 1 : IM medium

Measure ~ ³ A of the total volume ddH ₂ O desired, add sucrose and salts, and dissolve under stirring. After all ingredients are dissolved, adjust to final volume with ddH ₂ O and to pH 5.8 using 1 M KOH. Aliquot 500 mis into 1 L bottle, add 0.9g gelrite to each bottle of liquid, autoclave for 20 minutes (liquid cycle). After autoclaving place bottles into a water-bath to cool to 55 ⁰ C and add MS Vitamins (to final concentration of 1.0 mg/ml), silver nitrate (to final concentration of 15 μM) and Timentin (to final concentration of

150 mg/l). Pour media into 100 X 20 mm petri plates and allow media to remain in the laminar hood overnight to prevent excess condensation.

A-5. Maize Recovery Medium - 2: MS medium

Adjust pH of media to pH 5.8 with 1 M NaOH. Add Sigma Purified Agar per bottle (δg/L). Dispense 500 mL media per bottle, autoclave. When cooled add silver nitrate (to final concentration of 15 μM) and Timentin (to final concentration of 150 mg/l). This recovery medium is especially suitable for BPS553x(HillAxA188) or BPS631x(HillAxA188) genotypes.

A-6. Selection Media

Adjust pH of media to pH 5.8 with 1 M NaOH. Add Sigma Purified Agar (8g/L), dis- pense 500 mL media per 1L bottle, autoclave, when cooled add:

A-7. Maize Regeneration Media

Adjust pH media to 5.8 with 1 M NaOH. Weigh 4 g Sigma Purified Agar per bottle (δg/L). Dispense 500 mL media per bottle, autoclave and let solidify in bottles. For use, microwave to melt media, when cooled, add

Pour into 100 x 20 mm Petri plates

A-8. Maize Rooting Media (rooting)

Adjust pH of media to pH 5.8 with 1 M NaOH, add 1 g Gelrite per bottle (2g/L), dispense 500 mL media per bottle, autoclave, pour into disposable Phyatrays.

Summary of Basic Protocol

This protocol works for all Zea mays lines (incl. both hybrid lines and inbred lines).

Example 1 : Preparation of hybrid donor plants

The following Zea mays inbred lines are employed for the following steps:

1. HiIIA: Hill parent A; deposit No.:T0940A, Maize Genetics and Genomics Database ), available from Maize Genetics Cooperation - Stock Center USDA/ARS & Crop

Sci/UIUC, S-123 Turner Hall, 1102 S. Goodwin Avenue, Urbana IL USA 61801- 4798; http://www.maizegdb.org/stock.php.

2. A188: Agronomy & Plant Genetics, 411 Borlaug Hall, Univ of Minnesota, Saint Paul MN 55108. 3. BPS533 (ATCC Patent Deposit Designation PTA-6170) 4. BPS631 (ATCC Patent Deposit Designation PTA-6171)

F1 seeds of corn genotype HillAxA188 are produced by crossing HiIIA (female parent) with inbred line A188 (male), and planted in the greenhouse as pollen donor. F2 seeds of (HillAxA188) are produced by self-pollination of F1 (HillAxA188) plants either in the greenhouse or in the field, and planted in the greenhouse as the pollen donor. Hybrid immature embryos of BPS553x(HillAxA188) or BPS631x(HillAxA188) are produced using inbred line BPS553 (ATCC Patent Deposit Designation PTA-6170) or BPS631 (ATCC Patent Deposit Designation PTA-6171) as the female parents, and either F1 or F2 (HillAxA188) plants as the male parent in the greenhouse.

Seeds are sowed in pots containing Metromix. Once the seeds become germinated and rooted, one seedling/pot is maintained for immature embryo production, and the second seedling is discarded; Alternatively seeds are started in a 4x4 inch pots, and seedlings are transplanted to 10-inch pots two weeks after sowing the seeds. Approximately one tablespoon of Osmocote 14-14-14 (a type of slow releasing fertilizer) is added to the surface of each pot. The temperature in the greenhouse is maintained at 24 ⁰ C night and 28 ⁰ C day. Watering is done automatically, but is supplemented daily manually as needed. Twice a week, the plants are watered with a 1 :15 dilution of Pe- ters 20-20-20 fertilizer.

1.1 Preparation of inbred donor plants

Seeds of inbred lines BPS553 or BPS631 are sown either directly in 4-inch pots, and the seedlings are transplanted to 10-inch pots two weeks after sowing the seeds. Alter- natively, seeds are directly sown into 10-inch pots. Self- or sib-pollination is performed. The growing conditions are same as above for the hybrid line.

1.2 Hand-Pollination

Every corn plant is monitored for ear shoots, and when appeared, they are covered with a small white ear shoot bag (Lawson). Once the ear shoots have started to produce silks, the silks are cut and covered again with the ear shoot bag. The tassel of the same plant is bagged with a brown paper bag (providing that the tassel has entered anthesis). The next morning, the tassel is shaken to remove pollen and anthers into the bag. The bag is then removed and pollen is shaken over the silks of the ear shoot. PoI- linating is done between 8 and 10 a.m. in the morning. Secure the brown paper bag over the ear shoot and around the corn stalk. After pollination, the tassel is removed from the plant to reduce pollen (allergens to many people) in the greenhouse.

To ensure synchronized pollinations for the same genotypes, and hence to avoid weekend harvesting/transformation, ear shoots of those early flowering plants are cut back again. A group of plants, e.g. > 5 to 10 plants are then pollinated on the same day. However, this practice is dependent on the quality/quantity of pollens on a plant. Sib-pollination is needed for the inbred lines. For instance either BPS553 or BPS631 can be either selfed or sib-pollinated between the same genotype).

1.3 Harvest and Pre-treat Ears

Ears from corn plants (the first ear that comes out is the best) are harvested 8 to 14 (average 10) days after pollination (DAP). Timing of harvest varies depending on growth conditions and maize variety. The size of immature embryos is a good indication of their stage of development. The optimal length of immature embryos for transformation is about 1 to 1.5 mm, including the length of the scutellum. The embryo should be translucent, not opaque. If the ear is ready, but can not be used for transfor- mation that day, the ear can be harvested, put in the pollination bag, and stored in a plastic bag in 4°C fridge for 1 to 3 days.)

2. Preparation of Agrobacterium

Agrobacterium glycerol stock is stored at -8O ⁰ C. Inoculums of Agrobacterium are streaked from glycerol stocks onto YP agar medium (A-1) containing appropriate antibiotics (e.g. 50 mg/l spectinomycin and/or 10 mg/l tetracycline). The bacterial cultures are incubated in the dark at 28 ⁰ C for 1 to 3 days, or until single colonies are visible. The obtained plate can be stored at 4 ⁰ C for 1 month and used as a master plate to streak out fresh cells. Fresh cells should be streaked onto YP agar with the appropriate antibiotic from a single colony on the master plate, at least 2 days in advance of transformation. These bacterial cultures can be incubated in the dark at 28 ⁰ C for 1 to 3 days.

Alternatively frozen Agrobacterium stock can be prepared: Streak Agrobacterium cells from frozen stock to a plate B-YP-002 (YP+50 mg/l spectinomycin + 10 mg/l tetracycline). Grow at 28°C for 2 to 3 days. Save it as master plate and store at 4C for up to a month. From the master plate, streak a loop of agro cells to a flask containing 25 ml liquid B-YP-OOO medium supplemented with 50 mg/l Spectinomycin + 10 mg/l tetracycline. Grow on a shaker set at 300 rpm and 28°C 2 to 3 days. Prepare frozen agro stock by mixing 1 part of the above agro culture with 1 part of sterile 30% glycerol. Vortex to mix well and dispense 10 μl the Agrobacteriumlg\ycero\ mixture to a 50 μl Ep- pendorf tube. Store at -80 ⁰ C.

One to two loops full (2 mm in diameter) of bacterial culture is suspended in 1.0 to 1.8 ml LS-inf medium supplemented with 100 μM acetosyringone. This yields a bacterial suspension with approximate optical density (OD ₆₀₀ ) between 0.5 to 2.0. Vortex for 0.5 to 3 hours. Vortexing is performed by fixing (e.g. with tape) the microfuge tube horizontally (instead of vertically) on the platform of a vortexer to ensure better disperse Agrobacterium cells into the solution. Mix 100 μl of Agrobacterium cell suspension with 900 ul of LS-inf solution in a curvet, and measure OD ₆₀₀ . Adjust OD of original Agrobacterium solution to 0.6 to 2.0 with LS-lnf (with 100 μM acetosyringone) solution. The Agrobacterium suspension is preferably vortexed in the LS-inf + acetosyringone media for

at least 0.5 to 3 hours prior to infection. Prepare this suspension before starting harvesting embryos.

Alternatively Agrobacterium suspensions for corn transformation can be preparedas follows: Two days before transformation, from -80°C stock, streak Agrobacteria from one tube to a plate containing B-YP-002 (solidified YP+50 mg/l spectinomycin + 10 mg/l tetracycline) and grow at 28°C in the dark for two days. About 1 to 4 hrs before transformation, place one scoop of bacterial cells to 1.5 ml M-LS-002 medium (LSinf +

200 μM acetosyrigone) in a 2ml Eppendorf tube. Vortex the tube to dispense the bacte- rial cells to solution and shake the tube at IOOOrpm for 1 to 4 hrs. The OD ₆₀₀ should be in the range of 0.6 to 1.0 or about 10 ⁸ cfu/ml_.

For the purpose of the following examples Agrobacterium tumefaciens strain LBA4404 or disarmed Agrobacterium strain K599 (NCPPB 2659)) transformed with binary vector plasmid pBPSMM232 were employed. pBPS_MM232 contains the ahas gene (as selection marker) and the gus reporter gene.

Example 3 : Isolation of immature embryos 3.1 Surface sterilization The ears are harvested from the greenhouse 8 to12 days after pollination. All husk and silks are removed and ears are transported in the brown pollination bag back to the tissue culture lab. The cob is moved into the sterile hood. A large pair of forceps is inserted into the basal end of the ear and the forceps are used as a handle for handling the cob. Optionally, when insects/fungus are present on the ear, the ear should be first sterilized with 20% commercial bleach for 10 min (alternatively 30% Clorox solution for 15 min), and then rinsed with sterilized water three times. While holding the cob by the forceps, the ear is completely sprayed with 70% ethanol and then rinsed with sterile ddH ₂ O.

3.2. Preparation and Agrobacterium inoculation of immature embryos 3.2.1 Method-1 : The Modified "Tube" method

The cob with the forceps handle is placed in a large Petri plate. A dissecting scope may be used. The top portion (2/3's) of kernels are cut off and removed with a #10 scalpel (for safety consideration, the cut on the kernels is made by cutting away from your hand that holds the handle of the forceps). The immature embryos are then excised from the kernels on the cob with a scalpel (#11 scalpel): the scalpel blade is inserted on an angle into one end of the kernel. The endosperm is lifted upwards; the embryo is lying underneath the endosperm. The excised embryos are collected in a microfuge tube (or a small Petri plate) containing roughly 1.5 to 1.8 ml of Agrobacterium suspen- sion in LS-inf liquid medium containing acetosyrigone (see above; medium A-2). Each tube can contain up to 100 embryos. The tube containing embryos is hand-mixed several times, and let the tube/plate stand at room temperature (20 to 25 ⁰ C) for 30 min. Remove excess bacterial suspension from the tube/plate with a pipette. Transfer the immature embryos and bacteria in the residue LS-inf medium to a Petri plate containing co-cultivation agar medium. Transfer any immature embryos that remain in the microfuge tube by a sterile loop. Remove excess bacterial suspension with a pipette. A small amount of liquid is preferably be left in the plate to avoid drying out the embryos while

plating. Place the immature embryos on the co-cultivation medium with the flat side down (scutellum upward). Do not embed the embryos into medium. Leave the plate cover open in the sterile hood for about 15 min for evaporating excess moisture covering immature embryos. Seal the Petri dishes with 3M micropore tape. About 100 em- brγos can be placed on a Petri plate for co-cultivation. Seal the plate and wrap with a sheet of aluminum foil. Incubate the plates in the dark at 22 ⁰ C for 2 to 3 days. Take 3 to 5 immature embryos for GUS staining if a GUS construct is used to assess transient GUS expression.

3.2.2 Method-2: The "Drop" method

Excised immature embryos are directly put on the co-cultivation medium (medium A-3) with the flat side down (scutellum upward). Each plate (20x100 mm plate) can hold up to 100 immature embryos. Put 5 μl of diluted Agrobacterium cell suspension to each immature embryo with a repeat pipettor. Remove excess moisture covering immature embryos by leaving the plate cover open in the hood for about 15 min. Seal the plate with 3M micropore tape and wrap with aluminum foil. Incubate the plate in the dark at 22 ⁰ C for 2 to 3 days. Take 3-5 immature embryos for GUS staining if a GUS construct is used to assess transient GUS expression.

Table 1 Comparison of two inoculation methods: "Drop" and modified "Tube" methods in two maize genotypes.

It has been demonstrated (see results in table 2 below) that presence of a thiol compound such as L-cysteine in the co-cultivation medium significantly increasing transformation efficiency.

Table 2 Effect of L-cysteine on transformation efficiencies in the inbred BPS553 and the hybrid BPS553x(Hil IAxAI 88) lines. Transformation experiments were performed with split-cob (dividing a corn cob into two treatments: with or without adding L-cysteine) experimental design, and using the "drop" inoculation method described herein. Each experiments comprised of an average of 50-100 immature embryos.

TE = transformation efficiency; * Statistically significant at 95% confident level from the treatment without adding L-cysteine in the co-cultivation medium.

3.2.3 Application of filter paper during co-cultivation

The immature embryos are excised from the kernels on the cob with a scalpel (#11 scalpel) as described above, and collected in a microfuge tube (or a small Petri plate) containing roughly 1.5 to 1.8 ml of Agrobacterium suspension in LS-inf liquid medium containing acetosyrigone (see above; medium A-2). Each tube can contain up to 100 embryos. The tube containing embryos is hand-mixed several times, and let the tube/plate stand at room temperature (20 to 25 ⁰ C) for 30 min. The excess bacterial suspension is removed from the tube/plate with a pipette, and the immature embryos in the residue LS-inf medium are transferred to the surface of a layer of filter paper that is placed on the agar co-cultivation medium. The immature embryos that remain in the microfuge tube are transferred to the filter paper on the co-cultivation medium by a sterile loop. The excess bacterial suspension in the co-cultivation plate was removed with a pipette. A small amount of liquid is preferably left in the plate to avoid drying out the embryos while plating. Place the immature embryos on the co-cultivation medium with the flat side down (scutellum upward). Leave the plate cover open in the sterile hood for about 15 min for evaporating excess moisture covering immature embryos. Seal the Petri dishes with 3M micropore tape. About 100 embryos can be placed on a Petri plate for co-cultivation. Seal the plate and wrap with a sheet of aluminum foil. Incubate the plates in the dark at 22 ⁰ C for 2 to 3 days. Take 3 to 5 immature embryos for GUS staining if a GUS construct is used to assess transient GUS expression.

Table 3 Effect of application of filter paper (FP) on the transformation in the BPS553 inbred line. One layer of filter paper was put on the surface of the co-cultivation agar medium containing 150 mg/l L-cysteine and 15 μM AgNO3 for the filter paper treatment. The control non-filter paper treatment was conducted exactly the same as the filter paper treatment except the filter paper was omitted. After the inoculation with the modified "Tube" inoculation method, the immature embr os IEs were laced on the filter a er.

The co-cultivation condition was further tested under the agar-free medium condition by adding co-cultivation liquid medium solution to the multiple layers of filter paper in a plate. The advantages of using agar-free, filter paper only support include, but do not limit to (1) the reduced medium preparation time, and (2) the increased flexibility of altering the co-cultivation medium components.

Example 4 : Recovery

After co-cultivation, transfer the embryos to recovery media (A-4 or A-5) and incubate the plates in dark at 27 ⁰ C for about 5 to 7 days. Keep scutellum side up and do not embed into the media.

Table 3 Effect of length of recovery (without adding selection agent in the medium) after co- cultivation on transformation efficiency in the genotype of BPS553x(HillAxA188). The average number of immature embryos for each treatment in a replicate was about 70.

Example 5 : Selection

5.1 Basic Selection Protocol

Transfer immature embryos to 1 ^st selection media (A-6). Roughly 25 to 50 immature embryos can be placed on each plate. Be careful to maintain the same orientation of the embryos (scutellum up). Do not embed the embryos in the media. Seal the Petri plates with white tape. Incubate in the dark at 27 ⁰ C for 10 to14 days (First selection). Subculture all immature embryos that produce variable calli to 2nd selection media (A- 6). Try to avoid transferring slimy or soft calli. At this stage, use scissors to remove any shoots that have formed (try to remove the entire embryo from the scutellum if possible and discard it). Firmly place the callus on the media - do not embed into the media. Wrap the plates in 3M Micropore tape and put in the dark at 27 ⁰ C. Incubate for 2 weeks under the same conditions for the first selection (Second selection). Using 2 pairs of fine forceps, excise the regenerable calli from the scutellum under a stereoscopic microscope. The regenerable calli is whitish/yellowish in color, compact, not slimy and may have some embryo-like structures. Transfer calli to fresh the 2nd selection media (A-6), wrap in 3M Micropore tape and incubate in the dark at 27 ⁰ C for 2 weeks. Firmly place the callus on the media - do not embed into the media. Be careful to group and mark the calli pieces that came from the same embryo.

5.1 Improved Selection Protocol Alternatively and preferably an improved selection scheme is applied: All methods (including the basic method described above) disclosed for maize transformation in the art require 2 to 3 transfers to selection media with the same or different concentrations of selection reagent. A transfer means to move callus materials from current media plates to a set of new media plates. The transfer process is labor intensive and time consuming e.g., it takes 60 min to transfer callus materials derived from 100 immature embryos. In the improved, simplified method of the invention, only one transfer to selection medium is required. In consequence, about 30% of time and labor (i.e., 60 min for every 100 immature embryos-derived materials) is saved.

While the basic requires growing callus on selection media for usually 5 to 6 weeks, the improved, simplified method requires 4 weeks. Thus, the whole transformation process is shortened by 1 to 2 weeks.

It showed that it is possible to produce transgenic events with the improved, simplified method inBPS553x(Hil IAxAI 88) genotype with either 0.5 μM or 0.75 μM PURSUIT ^™ and in HiIIAxAI 88 genotype with only 0.5 μM PURSUIT ^™ at callus stage for selection.

Transformation efficiency averaged 20.5% for BPS553x(Hil IAxAI 88) genotype and 2.5 for HiI IAxAI 88 genotype. In comparison to the standard transformation protocol (2 weeks on medium with 0.5 μM PURSUIT ^™ followed by another 3 weeks on medium containing 0.75 μM PURSUIT ^™ for another three weeks) the simplified method had a transformation efficiency of 36.7% while the former method had an efficiency of 33.3%. Thus transformation efficiencies were comparable for both methods.

Table 4. Comparison of old and improved simplified methods

BPS553x(HxA): BPS553 x(HillAxA188) # IE=number of immature embryos used for transformation.

TE: Transformation efficiency (%) =number of PCR+ plants/# IE x100

More specifically the improved selection protocol is carried out as follows: Looking through a dissecting microscope and using a pair of forceps to remove embryos axis, pick and transfer immature embryos with callus cells that are actively growing to fresh M-LS-401 medium in 25x100 mm plates, for some genotype M-LS-301 medium can be used as well. Plate only 8-10 embryos per plate. Make sure all embryos touch the surface of the medium. Seal the plates with porous tape. Grow the material at 25 ⁰ C in the dark for 25 to 28 days. Preferably, do not let them grow for more than 4 weeks on cal- lus selection medium. Select callus materials that are actively growing under a dissecting microscope and transfer to regeneration medium as described below.

Example 6: Regeneration of transformed plants

6.1 Basic Regeneration Protocol Excise the proliferated calli (whitish with embryonic structures forming), in the same manner as for 2 ^nd selection and transfer to regeneration media (A-7) in 25x100 mm plates. Firmly place the callus on the media - do not embed into the media. Wrap the plates in 3M Micropore tape and put in the light at 25 or 27 ⁰ C. Be careful to group the calli pieces that came from the same embryo and number them by embryo.

Incubate under light (ca. 2,000 lux; 14/10hr light/dark) at 25 or 27 ⁰ C for 2 to 3 weeks, or until shoot-like structures are visible. Transfer to fresh regeneration media if necessary. Transfer calli sections with regenerated shoots or shoot-like structures to a Phytatray or Magenta boxes containing rooting medium (A-8) and incubate for 2 weeks under the same condition for the above step, or until rooted plantlets have developed. After 2 to 4 weeks on rooting media, transfer calli that still have green regions (but which have not regenerated seedlings) to fresh rooting Phytatrays. Seedling samples are taken for TaqMan analysis to determine the T-DNA insertion numbers.

Transfer rooted seedlings to Metromix soil in greenhouse and cover each with plastic dome for at least 1 week, until seedlings have established. Maintain the plants with daily watering, and supplementing liquid fertilizer twice a week. When plants reach the

3 to 4 leaf-stages, they are fertilized with Osmocote. If needed putative transgenic plants are sprayed with 70 to 100 g/ha Pursuit ^™ by a licensed person, and grown in the greenhouse for another two weeks. Non-transgenic plants should develop herbicidal symptoms or die in this time. Survived plants are transplanted into 10" pots with MetroMix and 1 teaspoon Osmocote ^™ .

At the flowering stage, the tassels of transgenic plants are bagged with brown paper bags to prevent pollen escape. Pollination is performed on the transgenic plants. It is best to do self-pollination on the transgenic plants. If silking and anthesis are not syn- chronized, a wild-type pollen donor or recipient plant with same genetic background as the transgenic T ₀ plant should be available for performing cross-pollination. T ₁ seeds are harvested, dried and stored properly with adequate label on the seed bag. After harvesting the transgenic T ₁ seeds, T ₀ plants including the soil and pot should be bagged in autoclave bags and autoclaved (double bagging).

6.2 Improved Regeneration Protocol

In a preferred embodiment of the invention an improved procedure is employed. The basic protocol and the transformation protocols known in the art regenerate transgenic plants on plates, then transferred to a box containing medium to stimulate rooting. Rooted planted are later transplanted to MetroMix in the greenhouse. This procedure is labor intensive and time consuming. In the improved method, plantlets regenerated on plates are directly transplanted to MetroMix in the greenhouse, omitting the step in the rooting box, thereby saving time and labor.

Thus, more specifically callus materials are selected that are actively growing under a dissecting microscope and transfer to M-LS-503 or M-LS-504 medium in 25x100 mm plates. Keep plates in culture room set at 14/1 Ohr light/dark and 25°C and grow for 2 to 3 weeks till shoot regenerates. Transplant healthy and vigorously growing shoots to pots with Metro Mix in the greenhouse. From here on follow the greenhouse protocol as described above. At least 50% of the shoots survive the transplanting process. The result showed that two sperate experiments had survival rate of 62 and 93%, respectively.

Example 7: Comparison of transformation efficiencies for maize hybrids

Immature embryos were derived from maize hybrid lines (as specified in Table 5 below) and transformed by Agrobacterium mediated transformation as described above. Transgenic events were confirmed with TaqMan™ analysis.

Table 5: Transformation efficiency for two different hybrid sources for immature embryos

For BPS553x(HillAxA188) genotypes, the transformation efficiency is high enough, that the addition of silver nitrate and L-cysteine to the co-cultivation medium can be omitted. However, addition of these compounds further enhances transformation efficiency.

In order to demonstrating the transformability of F2 generation of hybrid BPS553 x (HiI- IAxA188), F1 plants of BPS553 x (HillAxA188) were self-pollinated, and the F2 immature embryos were transformed based on the protocol without using L-cysteine in the co-cultivation medium, as described in this application. Similar transformation efficiencies were obtained with both F1 and F2 immature embryos (Table 6).

Table 6: Transformation comparison of F1 and F2 generations of BPS553 x (HiI IAxAI 88) hybrid lines. F2 immature embryos were produced by self-pollinating F1 plants of BPS553 x (HiII- AxA188). Transformation experiments were conducted without applying L-cysteine in the co- cultivation medium.

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