# Patent

## Title
Pepper line ‘Hot Pops Yellow’

## Abstract

The invention provides seed and plants of pepper line ‘Hot Pops Yellow’. The invention thus relates to the plants, seeds and tissue cultures of pepper line ‘Hot Pops Yellow’, and to methods for producing a pepper plant produced by crossing such plants with themselves or with another pepper plant, such as a plant of another genotype. The invention further relates to seeds and plants produced by such crossing. The invention further relates to parts of such plants, including the fruit and gametes of such plants.

## Background
FIELD OF THE INVENTION
The present invention relates to ornamental pepper seed, an ornamental pepper plant, ornamental pepper variety and an ornamental pepper hybrid.
BACKGROUND OF THE INVENTION
Breeding techniques take advantage of a plant's method of pollination. There are two general methods of pollination: a plant self-pollinates if pollen from one flower is transferred to the same or another flower of the same plant or plant variety. A plant cross-pollinates if pollen comes to it from a flower of a different plant variety.
Plants that have been self-pollinated and selected for type over many generations become homozygous at almost all gene loci and produce a uniform population of true breeding progeny, a homozygous plant. A cross between two such homozygous plants of different genotypes produces a uniform population of hybrid plants that are heterozygous for many gene loci. Conversely, a cross of two plants each heterozygous at a number of loci produces a population of hybrid plants that differ genetically and are not uniform. The resulting non-uniformity makes performance unpredictable.
The development of uniform varieties requires the development of homozygous inbred plants, the crossing of these inbred plants, and the evaluation of the crosses. Pedigree breeding and recurrent selection are examples of breeding methods that have been used to develop inbred plants from breeding populations. Those breeding methods combine the genetic backgrounds from two or more plants or various other broad-based sources into breeding pools from which new lines and hybrids derived therefrom are developed by selfing and selection of desired phenotypes. The new lines and hybrids are evaluated to determine which of those have commercial potential.
SUMMARY OF THE INVENTION
In one aspect, the present invention provides a pepper plant of the pepper line designated ‘Hot Pops Yellow’. Also provided are pepper plants having all the physiological and morphological characteristics of pepper line ‘Hot Pops Yellow’. Parts of the pepper plant of the present invention are also provided, for example, including pollen, an ovule, scion, a rootstock, a fruit, and a cell of the plant.
The invention also concerns seed of pepper line ‘Hot Pops Yellow’. The pepper seed of the invention may be provided, in certain illustrative embodiments, as an essentially homogeneous population of pepper seed of the line designated ‘Hot Pops Yellow’. Essentially homogeneous populations of seed are generally free from substantial numbers of other seed. Therefore, in one embodiment, seed of line ‘Hot Pops Yellow’ may be defined as forming at least about 90% of the total seed, including at least about 91%, 92%, 93%, 94%, 95%, 96%, 97%, 98%, 99%, or more of the seed. The population of pepper seed may be particularly defined as being essentially free from hybrid seed. The seed population may be separately grown to provide an essentially homogeneous population of pepper plants designated ‘Hot Pops Yellow’.
In another aspect of the invention, a plant of pepper line ‘Hot Pops Yellow’ comprising an added heritable trait is provided. The heritable trait may comprise a genetic locus that is, for example, a dominant or recessive allele. In one embodiment of the invention, a plant of pepper line ‘Hot Pops Yellow’ is defined as comprising a single locus conversion. In specific embodiments of the invention, an added genetic locus confers one or more traits such as, for example, herbicide tolerance, insect resistance, disease resistance, and modified carbohydrate metabolism. In further embodiments, the trait may be conferred by a naturally occurring gene introduced into the genome of the line by backcrossing, a natural or induced mutation, or a transgene introduced through genetic transformation techniques into the plant or a progenitor of any previous generation thereof. When introduced through transformation, a genetic locus may comprise one or more genes integrated at a single chromosomal location.
In another aspect of the invention, a tissue culture of regenerable cells of a plant of line ‘Hot Pops Yellow’ is provided. The tissue culture will preferably be capable of regenerating plants capable of expressing all of the physiological and morphological characteristics of the line, and of regenerating plants having substantially the same genotype as other plants of the line. Examples of some of the physiological and morphological characteristics of the line ‘Hot Pops Yellow’ include those traits set forth in the tables herein. The regenerable cells in such tissue cultures may be derived, for example, from embryos, meristems, cotyledons, pollen, leaves, anthers, roots, root tips, pistil, flower, seed and stalks. Still further, the present invention provides pepper plants regenerated from a tissue culture of the invention, the plants having all the physiological and morphological characteristics of line ‘Hot Pops Yellow’.
In yet another aspect of the invention, processes are provided for producing pepper seeds, plants and fruits, which processes generally comprise crossing a first parent pepper plant with a second parent pepper plant, wherein at least one of the first or second parent pepper plants is a plant of the line designated ‘Hot Pops Yellow’. These processes may be further exemplified as processes for preparing hybrid pepper seed or plants, wherein a first pepper plant is crossed with a second pepper plant of a different, distinct line to provide a hybrid that has, as one of its parents, the pepper plant line ‘Hot Pops Yellow’. In these processes, crossing will result in the production of seed. The seed production occurs regardless of whether the seed is collected or not.
In one embodiment of the invention, the first step in “crossing” comprises planting seeds of a first and second parent pepper plant, often in proximity so that pollination will occur for example, mediated by insect vectors. Alternatively, pollen can be transferred manually. Where the plant is self-pollinated, pollination may occur without the need for direct human intervention other than plant cultivation.
A second step may comprise cultivating or growing the seeds of first and second parent pepper plants into plants that bear flowers. A third step may comprise preventing self-pollination of the plants, such as by emasculating the flowers, (i.e., killing or removing pollen).
A fourth step for a hybrid cross may comprise cross-pollination between the first and second parent pepper plants. Yet another step comprises harvesting the seeds from at least one of the parent pepper plants. The harvested seed can be grown to produce a pepper plant or hybrid pepper plant.
The present invention also provides the pepper seeds and plants produced by a process that comprises crossing a first parent pepper plant with a second parent pepper plant, wherein at least one of the first or second parent pepper plants is a plant of the line designated ‘Hot Pops Yellow’. In one embodiment of the invention, pepper seed and plants produced by the process are first generation (F1) hybrid pepper seed and plants produced by crossing a plant in accordance with the invention with another, distinct plant. The present invention further contemplates plant parts of such an F1 hybrid pepper plant, and methods of use thereof. Therefore, certain exemplary embodiments of the invention provide an F1 hybrid pepper plant and seed thereof.
In still yet another aspect of the invention, the genetic complement of the pepper plant line designated ‘Hot Pops Yellow’ is provided. The phrase “genetic complement” is used to refer to the aggregate of nucleotide sequences, the expression of which sequences defines the phenotype of, in the present case, a pepper plant, or a cell or tissue of that plant. A genetic complement thus represents the genetic makeup of a cell, tissue or plant, and a hybrid genetic complement represents the genetic make up of a hybrid cell, tissue or plant. The invention thus provides pepper plant cells that have a genetic complement in accordance with the pepper plant cells disclosed herein, and plants, seeds and plants containing such cells.
Plant genetic complements may be assessed by genetic marker profiles, and by the expression of phenotypic traits that are characteristic of the expression of the genetic complement, e.g., isozyme typing profiles. It is understood that line ‘Hot Pops Yellow’ could be identified by any of the many well known techniques such as, for example, Simple Sequence Length Polymorphisms (SSLPs) (Williams et al., Nucleic Acids Res., 1 8:6531-6535, 1990), Randomly Amplified Polymorphic DNAs (RAPDs), DNA Amplification Fingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs), Arbitrary Primed Polymerase Chain Reaction (AP-PCR), Amplified Fragment Length Polymorphisms (AFLPs) (EP 534 858, specifically incorporated herein by reference in its entirety), and Single Nucleotide Polymorphisms (SNPs) (Wang et al., Science, 280:1077-1082, 1998).
In still yet another aspect, the present invention provides hybrid genetic complements, as represented by pepper plant cells, tissues, plants, and seeds, formed by the combination of a haploid genetic complement of a pepper plant of the invention with a haploid genetic complement of a second pepper plant, preferably, another, distinct pepper plant. In another aspect, the present invention provides a pepper plant regenerated from a tissue culture that comprises a hybrid genetic complement of this invention.
In still yet another aspect, the invention provides a method of determining the genotype of a plant of pepper line ‘Hot Pops Yellow’ comprising detecting in the genome of the plant at least a first polymorphism. The method may, in certain embodiments, comprise detecting a plurality of polymorphisms in the genome of the plant. The method may further comprise storing the results of the step of detecting the plurality of polymorphisms on a computer readable medium. The invention further provides a computer readable medium produced by such a method.
In still yet another aspect, the present invention provides a method of producing a plant derived from line ‘Hot Pops Yellow’, the method comprising the steps of: (a) preparing a progeny plant derived from line ‘Hot Pops Yellow’, wherein said preparing comprises crossing a plant of the line ‘Hot Pops Yellow’ with a second plant; and (b) crossing the progeny plant with itself or a second plant to produce a seed of a progeny plant of a subsequent generation. In further embodiments, the method may additionally comprise: (c) growing a progeny plant of a subsequent generation from said seed of a progeny plant of a subsequent generation and crossing the progeny plant of a subsequent generation with itself or a second plant; and repeating the steps for an additional 3-10 generations to produce a plant derived from line ‘Hot Pops Yellow’. The plant derived from line ‘Hot Pops Yellow’ may be an inbred line, and the aforementioned repeated crossing steps may be defined as comprising sufficient inbreeding to produce the inbred line. In the method, it may be desirable to select particular plants resulting from step (c) for continued crossing according to steps (b) and (c). By selecting plants having one or more desirable traits, a plant derived from line ‘Hot Pops Yellow’ is obtained which possesses some of the desirable traits of the line as well as potentially other selected traits.
In certain embodiments, the present invention provides a method of producing pepper fruits comprising: (a) obtaining a plant of pepper line ‘Hot Pops Yellow’, wherein the plant has been cultivated to maturity, and (b) collecting peppers from the plant.
These and other features and advantages of this invention are described in, or are apparent from, the following detailed description of various exemplary embodiments of the devices and methods according to this invention.



BRIEF DESCRIPTION OF THE FIGURES
FIG. 1: A graphical representation of the pedigree of ‘Hot Pops Yellow’ (09P1649-3).



DETAILED DESCRIPTION OF THE INVENTION
The invention provides methods and compositions relating to plants, seeds and derivatives of pepper line ‘Hot Pops Yellow’.
Pepper line ‘Hot Pops Yellow’, also known as 09P1649-3, produces fruit and foliage that are aesthetically pleasing and exhibits other characteristics well adapted for ornamental usage.
A. Origin and Breeding History of Pepper Line ‘Hot Pops Yellow’
The crossing and selections that led directly to ‘Hot Pops Yellow’ can be summarized as shown in FIG. 1.
Pepper line ‘Hot Pops Yellow’ is uniform and stable. A small percentage of variants can occur within commercially acceptable limits for almost any characteristic during the course of repeated multiplication. However no variants are expected.
B. Physiological and Morphological Characteristics of Pepper Line ‘Hot Pops Yellow’
In accordance with one aspect of the present invention, there is provided a plant having the physiological and morphological characteristics of pepper line ‘Hot Pops Yellow’.
The following descriptions and measurements describe plants produced from seed and grown in a glass-covered greenhouse under conditions comparable to those used in commercial practice. The plants were grown in 6-inch pots for 14 weeks in a utilizing a soilless growth medium. Greenhouse temperatures were maintained at approximately 62° F. to 86° F. (16.7° C. to 30° C.) during the day and approximately 45° F. to 65° F. (7.2° C. to 18.3° C.) during the night. No supplemental lighting was provided. Measurements and numerical values represent averages of typical plants. A description of the physiological and morphological characteristics of such plants is presented in Table 1.







TABLE 1







Physiological and Morphological Characteristics of Pepper Line ‘Hot Pops Yellow’










‘Hot Pops




Yellow’
Comparison



(09P1649-3)
Orangina












1. SPECIES:




1 = C. annuum 2 = C. frutescens 3 = C. baccatum 4 = C. chinense
1
1


5 = Other (specify)




2. MATURITY:




Days from sowing to transplanting
28
28


Days from transplanting to first fruit
42
42


Days from transplanting to 50% fruit
49
49


3. PLANT:




Plant Habit: 1 = Compact 2 = Semi-spreading 3 = Spreading




4 = Other (specify)
1
1


Plant Attitude: 1 = Erect 2 = Semi-erect 3 = Prostrate
1
1


4 = Other (specify)




Plant Height (cm)
21
24


Plant Width (cm)
45.5
37.5


Length of Third Internode (from soil surface) (cm)
1.8
0.8


Basal Branches: 1 = None 2 = Few (2-3) 3 = Many (more than 3)
1
1


Branch Flexibility: 1 = Willowy (Cayenne Long Red) 2 = Rigid (Yolo
3
3


Wonder L) 3 = Other-Main stem rigid, laterals flexible




Stem Strength (Breakage Resistance): 1 = Weak 2 = Intermediate
3
3


3 = Strong




Stem Color RHS Color Chart Reading
146A
146A



becoming
becoming



woody
woody 199A



199A with
with age



age



Stem Pubescence: 1 = Absent (Yolo Wonder L) 2 = Light 3 = Moderate
3
3


(Serrano) 4 = Heavy (Chili Piquin)




4. LEAVES:




Leaf Width (cm)
1.8
2.7


Leaf Length (cm)
4.3
6.0


Petiole Length (cm)
1.5
2.4


Petiole Color RHS Color Chart Reading
146C
146C


Mature Leaf Shape: 1 = Lanceolate 2 = Elliptic 3 = Ovate
3
3


Leaf Color: 1 = Light Green 2 = Medium Green 3 = Dark Green 
3
3


4 = Purple 5 = Other (specify)




Leaf Color Upper Surface RHS Color Chart Reading
N137A
N137A



mixed
mixed with



with 139A
139A


Leaf Color Lower Surface RHS Color Chart Reading
Between
Between



138A and
138A and



138B
138B


Leaf Pubescence Upper Surface: 1 = Absent (Yolo Wonder L)
2, Sparsely
2, Sparsely


2 = Light 3 = Moderate (Serrano) 4 = Heavy (Chili Piquin)
pubescent
pubescent on



on
midvein



midvein



Leaf Pubescence Lower Surface: 1 = Absent (Yolo Wonder L)
2, Sparsely
2, Sparsely


2 = Light 3 = Moderate (Serrano) 4 = Heavy (Chili Piquin)
pubescent
pubescent on



on
venation



venation




and




margins



Margin Undulation: 1 = Absent 2 = Very Weak 3 = Weak 4 = Medium
1
2


5 = Strong 6 = Very Strong




Blistering: 1 = Absent 2 = Very Weak 3 = Weak 4 = Medium 5 = Strong
1
2


6 = Very Strong




5. FLOWERS:




Number of Flowers per Leaf Axil
1
1


Number of Calyx Lobes
5
5


Number of Petals
5
5


Flower Diameter (cm)
1.2
1.3


Corolla Color: 1 = White 2 = Purple 3 = Other (Specify)
1
1


Corolla Color RHS Color Chart Reading
NN155B
NN155A


Corolla Throat Markings: 1 = Yellow (Tan) 2 = Purple 3 = Other-None
3
3


Anther Color: 1 = Yellow 2 = Purple 3 = Other (Specify)
2
2


Anther Color RHS Color Chart Reading
N186A
N186A


Style Length: 1 = Less Than Stamen 2 = Same as Stamen 3 = Exceeds
3
3


Stamen




Self-Incompatibility: 1 = Absent 2 = Present
1
1


6. FRUIT:




Group: 1 = Bell (Yolo Wonder L) 2 = Pimiento (Pimiento Perfection)
14
14


3 = Ancho (Mexican Chili) 4 = Anaheim Chili (Sandia) 5 = Cayenne




(Cayenne Long Red) 6 = Cuban (Cubanelle) 7 = Jalapeno (Jalapeno)




8 = Small Hot (Serrano) 9 = Cherry (Sweet Cherry) 10 = Short Wax




(Floral Gem) 11 = Long Wax (Sweet Banana) 12 = Tabasco (Tabasco)




13 = Habanero (Scotch Bonnet) 14 = Other - Small round ornamental




Immature Fruit Color: 1 = Light Green (Cubanelle) 2 = Medium Green
8
5


(Long Thin Cayenne) 3 = Dark Green (Yolo Wonder L) 4 = Very




Dark Green (Ancho Chili) 5 = Yellow (Yellow Belle) 6 = Purple




(Violetta) 7 = Ivory (Twiggy) 8 = Other-Yellow with purple overlay




Immature Fruit Color RHS Color Chart Reading
11B to
11A to 11C



11C with




overlay of




N187A



Mature Fruit Color: 1 = Red (Yolo Wonder L) 2 = Orange 3 = Orange-
1
1


Yellow (Golden Calwonder) 4 = Brown (Mulatto) 5 = Ivory 6 = Green




(Permagreen) 7 = Salmon 8 = Lemon Yellow 9 = Other (specify)




Mature Fruit Color RHS Color Chart Reading
44A
44A


Pungency: 1 = Sweet (Yolo Wonder L) 2 = Hot (Jalapeno)
2
2


Flavor: 1 = Mild Pepper Flavor 2 = Moderate Pepper Flavor 3 = Strong
4
4


Pepper Flavor 4 = Other-Moderate pepper flavor, but not suitable




for eating




Scoville Heat Units
3,500
14,000


Fruit Glossiness: 1 = Dull 2 = Moderate 3 = Shiny
3
3


Surface Smoothness: 1 = Smooth (Yolo Wonder L) 2 = Rough (Long
1
1


Thin Cayenne)




Fruit Position: 1 = Upright (Santaka) 2 = Horizontal 3 = Pendent
1
1


(Jalapeno)




Calyx Shape: 1 = Cup-shaped (Enveloping Fruit Base) 2 = Saucer-
2
2


shaped (Flat, Non-Enveloping)




Calyx Diameter (cm)
0.5
1.1


Fruit Length (cm)
1.0
1.7


Fruit Diameter at Calyx Attachment (cm)
0.8
1.6


Fruit Diameter at Mid-point (cm)
0.9
1.8


Flesh Thickness at Mid-point (mm)
1
2


Average Number of Fruits per Plant
132
60


Average Fruit Weight (gm)
0.5
2.3


Fruit Base Shape: 1 = Cupped (Yolo Wond L) 2 = Rounded (Jalapeno)
2
2


Fruit Apex Shape: 1 = Pointed (Long Thin Cayenne) 2 = Blunt (Yolo
4
3


Wonder L) 3 = Other- Rounded 4 = Other-Broadly acute




Fruit Shape: 1 = Bell (Yolo Wonder L) 2 = Conical (Pimiento)
7
6


3 = Elongate (Long Thin Cayenne) 4 = Oblong (Jalapeno) 5 = Oblate




(Sunnybrook) 6 = Globe (Red Cherry) 7 = Other - Ovoid




Fruit Shape (Longitudinal Section): 1 = Flattened 2 = Round 3 = Heart-
8
2


shaped 4 = Square 5 = Rectangular 6 = Trapezoid 7 = Narrow Triangular




8 = Triangular 9 = Horn-shaped




Fruit Shape (Cross Section, at Level of Placenta): 1 = Elliptic
4
4


2 = Triangular 3 = Quadrangular 4 = Circular




Fruit Set: 1 = Scattered 2 = Concentrated
1
1


Interloculary Grooves: 1 = Absent 2 = Very Shallow 3 = Shallow
1
1


4 = Medium 5 = Deep 6 = Very Deep




Average Number of Locules
1 to 2
2


Pedicel Length (cm)
1.3
1.3


Pedicel Thickness (mm)
2
3


Pedicel Shape: 1 = Straight 2 = Curved
1
1


Pedicel Cavity: 1 = Absent 2 = Present
1
1


7. Seed:




Seed Cavity Length (cm)
0.8
1.3


Seed Cavity Diameter (cm)
0.7
1.4


Placenta Length (cm)
0.8
1.3


Number of Seeds per Fruit
25
85


Seed Weight (seeds/gm)
400
250


Seed Color: 1 = Yellow 2 = Purple
1
1


RHS Color Chart Reading
12C
12C





*These are typical values. Values may vary due to environment. Other values that are substantially equivalent are also within the scope of the invention.






C. Breeding Pepper Plants
One aspect of the current invention concerns methods for producing seed of pepper line ‘Hot Pops Yellow’. In one embodiments of the invention, line ‘Hot Pops Yellow’ may be crossed with itself or with any second plant. Such methods can be used for propagation of pepper line ‘Hot Pops Yellow’, or can be used to produce plants that are derived from pepper line ‘Hot Pops Yellow’. Plants derived from pepper line ‘Hot Pops Yellow’ may be used, in certain embodiments, for the development of new pepper varieties.
The development of new varieties using one or more starting varieties is well known in the art. In accordance with the invention, novel varieties may be created by crossing line ‘Hot Pops Yellow’ followed by multiple generations of breeding according to such well known methods. New varieties may be created by crossing with any second plant. In selecting such a second plant to cross for the purpose of developing novel lines, it may be desired to choose those plants which either themselves exhibit one or more selected desirable characteristics or which exhibit the desired characteristic(s) when in hybrid combination. Once initial crosses have been made, inbreeding and selection take place to produce new varieties. For development of a uniform line, often five or more generations of selfing and selection are involved.
Uniform lines of new varieties may also be developed by way of double-haploids. This technique allows the creation of true breeding lines without the need for multiple generations of selfing and selection. In this manner true breeding lines can be produced in as little as one generation. Haploid embryos may be produced from microspores, pollen, anther cultures, or ovary cultures. The haploid embryos may then be doubled autonomously, or by chemical treatments (e.g. colchicine treatment). Alternatively, haploid embryos may be grown into haploid plants and treated to induce chromosome doubling. In either case, fertile homozygous plants are obtained. In accordance with the invention, any of such techniques may be used in connection with a plant of the invention and progeny thereof to achieve a homozygous line.
Backcrossing can also be used to improve an inbred plant. Backcrossing transfers a specific desirable trait from one inbred or non-inbred source to an inbred that lacks that trait. This can be accomplished, for example, by first crossing a superior inbred (A) (recurrent parent) to a donor inbred (non-recurrent parent), which carries the appropriate locus or loci for the trait in question. The progeny of this cross are then mated back to the superior recurrent parent (A) followed by selection in the resultant progeny for the desired trait to be transferred from the non-recurrent parent. After five or more backcross generations with selection for the desired trait, the progeny have the characteristic being transferred, but are like the superior parent for most or almost all other loci. The last backcross generation would be selfed to give pure breeding progeny for the trait being transferred.
The plants of the present invention are particularly well suited for the development of new lines based on the elite nature of the genetic background of the plants. In selecting a second plant to cross with pepper line ‘Hot Pops Yellow’ for the purpose of developing novel pepper lines, it will typically be preferred to choose those plants which either themselves exhibit one or more selected desirable characteristics or which exhibit the desired characteristic(s) when in hybrid combination. Examples of desirable traits may include, in specific embodiments, high seed yield, high seed germination, seedling vigor, high fruit yield, disease tolerance or resistance, and adaptability for soil and climate conditions. Consumer-driven traits, such as a fruit shape, color, texture, and taste are other examples of traits that may be incorporated into new lines of pepper plants developed by this invention.
D. Further Embodiments of the Invention
In certain aspects of the invention, plants described herein are provided modified to include at least a first desired heritable trait. Such plants may, in one embodiment, be developed by a plant breeding technique called backcrossing, wherein essentially all of the morphological and physiological characteristics of a variety are recovered in addition to a genetic locus transferred into the plant via the backcrossing technique. The term single locus converted plant as used herein refers to those pepper plants which are developed by a plant breeding technique called backcrossing, wherein essentially all of the morphological and physiological characteristics of a variety are recovered in addition to the single locus transferred into the variety via the backcrossing technique. By essentially all of the morphological and physiological characteristics, it is meant that the characteristics of a plant are recovered that are otherwise present when compared in the same environment, other than an occasional variant trait that might arise during backcrossing or direct introduction of a transgene.
Backcrossing methods can be used with the present invention to improve or introduce a characteristic into the present variety. The parental pepper plant which contributes the locus for the desired characteristic is termed the nonrecurrent or donor parent. This terminology refers to the fact that the nonrecurrent parent is used one time in the backcross protocol and therefore does not recur. The parental pepper plant to which the locus or loci from the nonrecurrent parent are transferred is known as the recurrent parent as it is used for several rounds in the backcrossing protocol.
In a typical backcross protocol, the original variety of interest (recurrent parent) is crossed to a second variety (nonrecurrent parent) that carries the single locus of interest to be transferred. The resulting progeny from this cross are then crossed again to the recurrent parent and the process is repeated until a pepper plant is obtained wherein essentially all of the morphological and physiological characteristics of the recurrent parent are recovered in the converted plant, in addition to the single transferred locus from the nonrecurrent parent.
The selection of a suitable recurrent parent is an important step for a successful backcrossing procedure. The goal of a backcross protocol is to alter or substitute a single trait or characteristic in the original variety. To accomplish this, a single locus of the recurrent variety is modified or substituted with the desired locus from the nonrecurrent parent, while retaining essentially all of the rest of the desired genetic, and therefore the desired physiological and morphological constitution of the original variety. The choice of the particular nonrecurrent parent will depend on the purpose of the backcross; one of the major purposes is to add some commercially desirable trait to the plant. The exact backcrossing protocol will depend on the characteristic or trait being altered and the genetic distance between the recurrent and nonrecurrent parents. Although backcrossing methods are simplified when the characteristic being transferred is a dominant allele, a recessive allele, or an additive allele (between recessive and dominant), may also be transferred. In this instance it may be necessary to introduce a test of the progeny to determine if the desired characteristic has been successfully transferred.
In one embodiment, progeny pepper plants of a backcross in which a plant described herein is the recurrent parent comprise (i) the desired trait from the non-recurrent parent and (ii) all of the physiological and morphological characteristics of pepper the recurrent parent as determined at the 5% significance level when grown in the same environmental conditions.
New varieties can also be developed from more than two parents. The technique, known as modified backcrossing, uses different recurrent parents during the backcrossing. Modified backcrossing may be used to replace the original recurrent parent with a variety having certain more desirable characteristics or multiple parents may be used to obtain different desirable characteristics from each.
With the development of molecular markers associated with particular traits, it is possible to add additional traits into an established germ line, such as represented here, with the end result being substantially the same base germplasm with the addition of a new trait or traits. Molecular breeding, as described in Moose and Mumm, 2008 (Plant Physiology, 147: 969-977), for example, and elsewhere, provides a mechanism for integrating single or multiple traits or QTL into an elite line. This molecular breeding-facilitated movement of a trait or traits into an elite line may encompass incorporation of a particular genomic fragment associated with a particular trait of interest into the elite line by the mechanism of identification of the integrated genomic fragment with the use of flanking or associated marker assays. In the embodiment represented here, one, two, three or four genomic loci, for example, may be integrated into an elite line via this methodology. When this elite line containing the additional loci is further crossed with another parental elite line to produce hybrid offspring, it is possible to then incorporate at least eight separate additional loci into the hybrid. These additional loci may confer, for example, such traits as a disease resistance or a fruit quality trait. In one embodiment, each locus may confer a separate trait. In another embodiment, loci may need to be homozygous and exist in each parent line to confer a trait in the hybrid. In yet another embodiment, multiple loci may be combined to confer a single robust phenotype of a desired trait.
Many single locus traits have been identified that are not regularly selected for in the development of a new inbred but that can be improved by backcrossing techniques. Single locus traits may or may not be transgenic; examples of these traits include, but are not limited to, herbicide resistance, resistance to bacterial, fungal, or viral disease, insect resistance, modified fatty acid or carbohydrate metabolism, and altered nutritional quality. These comprise genes generally inherited through the nucleus.
Direct selection may be applied where the single locus acts as a dominant trait. For this selection process, the progeny of the initial cross are assayed for viral resistance and/or the presence of the corresponding gene prior to the backcrossing. Selection eliminates any plants that do not have the desired gene and resistance trait, and only those plants that have the trait are used in the subsequent backcross. This process is then repeated for all additional backcross generations.
Selection of pepper plants for breeding is not necessarily dependent on the phenotype of a plant and instead can be based on genetic investigations. For example, one can utilize a suitable genetic marker which is closely genetically linked to a trait of interest. One of these markers can be used to identify the presence or absence of a trait in the offspring of a particular cross, and can be used in selection of progeny for continued breeding. This technique is commonly referred to as marker assisted selection. Any other type of genetic marker or other assay which is able to identify the relative presence or absence of a trait of interest in a plant can also be useful for breeding purposes. Procedures for marker assisted selection are well known in the art. Such methods will be of particular utility in the case of recessive traits and variable phenotypes, or where conventional assays may be more expensive, time consuming or otherwise disadvantageous. Types of genetic markers which could be used in accordance with the invention include, but are not necessarily limited to, Simple Sequence Length Polymorphisms (SSLPs) (Williams et al., Nucleic Acids Res., 1 8:6531-6535, 1990), Randomly Amplified Polymorphic DNAs (RAPDs), DNA Amplification Fingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs), Arbitrary Primed Polymerase Chain Reaction (AP-PCR), Amplified Fragment Length Polymorphisms (AFLPs) (EP 534 858, specifically incorporated herein by reference in its entirety), and Single Nucleotide Polymorphisms (SNPs) (Wang et al., Science, 280:1077-1082, 1998).
E. Plants Derived by Genetic Engineering
Many useful traits that can be introduced by backcrossing, as well as directly into a plant, are those which are introduced by genetic transformation techniques. Genetic transformation may therefore be used to insert a selected transgene into a plant of the invention or may, alternatively, be used for the preparation of transgenes which can be introduced by backcrossing. Methods for the transformation of plants that are well known to those of skill in the art and applicable to many crop species include, but are not limited to, electroporation, microprojectile bombardment, Agrobacterium-mediated transformation and direct DNA uptake by protoplasts.
To effect transformation by electroporation, one may employ either friable tissues, such as a suspension culture of cells or embryogenic callus or alternatively one may transform immature embryos or other organized tissue directly. In this technique, one would partially degrade the cell walls of the chosen cells by exposing them to pectin-degrading enzymes (pectolyases) or mechanically wound tissues in a controlled manner.
An efficient method for delivering transforming DNA segments to plant cells is microprojectile bombardment. In this method, particles are coated with nucleic acids and delivered into cells by a propelling force. Exemplary particles include those comprised of tungsten, platinum, and preferably, gold. For the bombardment, cells in suspension are concentrated on filters or solid culture medium. Alternatively, immature embryos or other target cells may be arranged on solid culture medium. The cells to be bombarded are positioned at an appropriate distance below the macroprojectile stopping plate.
An illustrative embodiment of a method for delivering DNA into plant cells by acceleration is the Biolistics Particle Delivery System, which can be used to propel particles coated with DNA or cells through a screen, such as a stainless steel or Nytex screen, onto a surface covered with target cells. The screen disperses the particles so that they are not delivered to the recipient cells in large aggregates. Microprojectile bombardment techniques are widely applicable, and may be used to transform virtually any plant species.
Agrobacterium-mediated transfer is another widely applicable system for introducing gene loci into plant cells. An advantage of the technique is that DNA can be introduced into whole plant tissues, thereby bypassing the need for regeneration of an intact plant from a protoplast. Modern Agrobacterium transformation vectors are capable of replication in E. coli as well as Agrobacterium, allowing for convenient manipulations (Klee et al., Bio-Technology, 3(7):637-642, 1985). Moreover, recent technological advances in vectors for Agrobacterium-mediated gene transfer have improved the arrangement of genes and restriction sites in the vectors to facilitate the construction of vectors capable of expressing various polypeptide coding genes. The vectors described have convenient multi-linker regions flanked by a promoter and a polyadenylation site for direct expression of inserted polypeptide coding genes. Additionally, Agrobacterium containing both armed and disarmed Ti genes can be used for transformation.
In those plant strains where Agrobacterium-mediated transformation is efficient, it is the method of choice because of the facile and defined nature of the gene locus transfer. The use of Agrobacterium-mediated plant integrating vectors to introduce DNA into plant cells is well known in the art (Fraley et al., Bio/Technology, 3:629-635, 1985; U.S. Pat. No. 5,563,055).
Transformation of plant protoplasts also can be achieved using methods based on calcium phosphate precipitation, polyethylene glycol treatment, electroporation, and combinations of these treatments (see, e.g., Potrykus et al., Mol. Gen. Genet., 199:183-188, 1985; Omirulleh et al., Plant Mol. Biol., 21(3):415-428, 1993; Fromm et al., Nature, 312:791-793, 1986; Uchimiya et al., Mol. Gen. Genet., 204:204, 1986; Marcotte et al., Nature, 335:454, 1988). Transformation of plants and expression of foreign genetic elements is exemplified in Choi et al. (Plant Cell Rep., 13: 344-348, 1994), and Ellul et al. (Theor. Appl. Genet., 107:462-469, 2003).
A number of promoters have utility for plant gene expression for any gene of interest including but not limited to selectable markers, scoreable markers, genes for pest tolerance, disease resistance, nutritional enhancements and any other gene of agronomic interest. Examples of constitutive promoters useful for plant gene expression include, but are not limited to, the cauliflower mosaic virus (CaMV) P-35S promoter, which confers constitutive, high-level expression in most plant tissues (see, e.g., Odel et al., Nature, 313:810, 1985), including in monocots (see, e.g., Dekeyser et al., Plant Cell, 2:591, 1990; Terada and Shimamoto, Mol. Gen. Genet., 220:389, 1990); a tandemly duplicated version of the CaMV 35S promoter, the enhanced 35S promoter (P-e35S); 1 the nopaline synthase promoter (An et al., Plant Physiol., 88:547, 1988); the octopine synthase promoter (Fromm et al., Plant Cell, 1:977, 1989); and the figwort mosaic virus (P-FMV) promoter as described in U.S. Pat. No. 5,378,619 and an enhanced version of the FMV promoter (P-eFMV) where the promoter sequence of P-FMV is duplicated in tandem; the cauliflower mosaic virus 19S promoter; a sugarcane bacilliform virus promoter; a commelina yellow mottle virus promoter; and other plant DNA virus promoters known to express in plant cells.
A variety of plant gene promoters that are regulated in response to environmental, hormonal, chemical, and/or developmental signals can also be used for expression of an operably linked gene in plant cells, including promoters regulated by (1) heat (Callis et al., Plant Physiol., 88:965, 1988), (2) light (e.g., pea rbcS-3A promoter, Kuhlemeier et al., Plant Cell, 1:471, 1989; maize rbcS promoter, Schaffner and Sheen, Plant Cell, 3:997, 1991; or chlorophyll a/b-binding protein promoter, Simpson et al., EMBO J., 4:2723, 1985), (3) hormones, such as abscisic acid (Marcotte et al., Plant Cell, 1:969, 1989), (4) wounding (e.g., wunl, Siebertz et al., Plant Cell, 1:961, 1989); or (5) chemicals such as methyl jasmonate, salicylic acid, or Safener. It may also be advantageous to employ organ-specific promoters (e.g., Roshal et al., EMBO J., 6:1155, 1987; Schernthaner et al., EMBO J., 7:1249, 1988; Bustos et al., Plant Cell, 1:839, 1989).
Exemplary nucleic acids which may be introduced to plants of this invention include, for example, DNA sequences or genes from another species, or even genes or sequences which originate with or are present in the same species, but are incorporated into recipient cells by genetic engineering methods rather than classical reproduction or breeding techniques. However, the term “exogenous” is also intended to refer to genes that are not normally present in the cell being transformed, or perhaps simply not present in the form, structure, etc., as found in the transforming DNA segment or gene, or genes which are normally present and that one desires to express in a manner that differs from the natural expression pattern, e.g., to over-express. Thus, the term “exogenous” gene or DNA is intended to refer to any gene or DNA segment that is introduced into a recipient cell, regardless of whether a similar gene may already be present in such a cell. The type of DNA included in the exogenous DNA can include DNA which is already present in the plant cell, DNA from another plant, DNA from a different organism, or a DNA generated externally, such as a DNA sequence containing an antisense message of a gene, or a DNA sequence encoding a synthetic or modified version of a gene.
Many hundreds if not thousands of different genes are known and could potentially be introduced into a pepper plant according to the invention. Non-limiting examples of particular genes and corresponding phenotypes one may choose to introduce into a pepper plant include one or more genes for insect tolerance, such as a Bacillus thuringiensis (B.t.) gene, pest tolerance such as genes for fungal disease control, herbicide tolerance such as genes conferring glyphosate tolerance, and genes for quality improvements such as yield, nutritional enhancements, environmental or stress tolerances, or any desirable changes in plant physiology, growth, development, morphology or plant product(s). For example, structural genes would include any gene that confers insect tolerance including but not limited to a Bacillus insect control protein gene as described in WO 99/31248, herein incorporated by reference in its entirety, U.S. Pat. No. 5,689,052, herein incorporated by reference in its entirety, U.S. Pat. Nos. 5,500,365 and 5,880,275, herein incorporated by reference in their entirety. In another embodiment, the structural gene can confer tolerance to the herbicide glyphosate as conferred by genes including, but not limited to Agrobacterium strain CP4 glyphosate resistant EPSPS gene (aroA:CP4) as described in U.S. Pat. No. 5,633,435, herein incorporated by reference in its entirety, or glyphosate oxidoreductase gene (GOX) as described in U.S. Pat. No. 5,463,175, herein incorporated by reference in its entirety.
Alternatively, the DNA coding sequences can affect these phenotypes by encoding a non-translatable RNA molecule that causes the targeted inhibition of expression of an endogenous gene, for example via antisense- or cosuppression-mediated mechanisms (see, for example, Bird et al., Biotech. Gen. Engin. Rev., 9:207, 1991). The RNA could also be a catalytic RNA molecule (i.e., a ribozyme) engineered to cleave a desired endogenous mRNA product (see for example, Gibson and Shillito, Mol. Biotech., 7:125, 1997). Thus, any gene which produces a protein or mRNA which expresses a phenotype or morphology change of interest is useful for the practice of the present invention.
F. Definitions
In the description and tables herein, a number of terms are used. In order to provide a clear and consistent understanding of the specification and claims, the following definitions are provided:
Allele: Any of one or more alternative forms of a gene locus, all of which alleles relate to one trait or characteristic. In a diploid cell or organism, the two alleles of a given gene occupy corresponding loci on a pair of homologous chromosomes.
Backcrossing: A process in which a breeder repeatedly crosses hybrid progeny, for example a first generation hybrid (F1), back to one of the parents of the hybrid progeny. Backcrossing can be used to introduce one or more single locus conversions from one genetic background into another.
Crossing: The mating of two parent plants.
Cross-pollination: Fertilization by the union of two gametes from different plants.
Diploid: A cell or organism having two sets of chromosomes.
Emasculate: The removal of plant male sex organs or the inactivation of the organs with a cytoplasmic or nuclear genetic factor or a chemical agent conferring male sterility.
Enzymes: Molecules which can act as catalysts in biological reactions.
F1 Hybrid: The first generation progeny of the cross of two nonisogenic plants.
Genotype: The genetic constitution of a cell or organism.
Haploid: A cell or organism having one set of the two sets of chromosomes in a diploid.
Linkage: A phenomenon wherein alleles on the same chromosome tend to segregate together more often than expected by chance if their transmission was independent.
Marker: A readily detectable phenotype, preferably inherited in codominant fashion (both alleles at a locus in a diploid heterozygote are readily detectable), with no environmental variance component, i.e., heritability of 1.
Phenotype: The detectable characteristics of a cell or organism, which characteristics are the manifestation of gene expression.
Quantitative Trait Loci (QTL): Quantitative trait loci (QTL) refer to genetic loci that control to some degree numerically representable traits that are usually continuously distributed.
Resistance: As used herein, the terms “resistance” and “tolerance” are used interchangeably to describe plants that show no symptoms to a specified biotic pest, pathogen, abiotic influence or environmental condition. These terms are also used to describe plants showing some symptoms but that are still able to produce marketable product with an acceptable yield. Some plants that are referred to as resistant or tolerant are only so in the sense that they may still produce a crop, even though the plants are stunted and the yield is reduced.
Regeneration: The development of a plant from tissue culture.
Royal Horticultural Society (RHS) color chart value: The RHS color chart is a standardized reference which allows accurate identification of any color. A color's designation on the chart describes its hue, brightness and saturation. A color is precisely named by the RHS color chart by identifying the group name, sheet number and letter, e.g., Yellow-Orange Group 19A or Red Group 41B.
Self-pollination: The transfer of pollen from the anther to the stigma of the same plant.
Single Locus Converted (Conversion) Plant: Plants which are developed by a plant breeding technique called backcrossing, wherein essentially all of the morphological and physiological characteristics of a pepper variety are recovered in addition to the characteristics of the single locus transferred into the variety via the backcrossing technique and/or by genetic transformation.
Substantially Equivalent: A characteristic that, when compared, does not show a statistically significant difference (e.g., p=0.05) from the mean.
Tissue Culture: A composition comprising isolated cells of the same or a different type or a collection of such cells organized into parts of a plant.
Transgene: A genetic locus comprising a sequence which has been introduced into the genome of a pepper plant by transformation.
G. Deposit Information
A deposit of pepper line ‘Hot Pops Yellow’, disclosed above and recited in the claims, has been made with the American Type Culture Collection (ATCC), 10801 University Blvd., Manassas, Va. 20110-2209. The date of deposit was Dec. 30, 2015. The accession numbers for those deposited seeds of pepper line ‘Hot Pops Yellow’ is ATCC Accession No. PTA-122730. Upon issuance of a patent, all restrictions upon the deposits will be removed, and the deposits are intended to meet all of the requirements of 37 C.F.R. §1.801-1.809. The deposits will be maintained in the depository for a period of 30 years, or 5 years after the last request, or for the effective life of the patent, whichever is longer, and will be replaced if necessary during that period.
Although the foregoing invention has been described in some detail by way of illustration and example for purposes of clarity and understanding, it will be obvious that certain changes and modifications may be practiced within the scope of the invention, as limited only by the scope of the appended claims.
All references cited herein are hereby expressly incorporated herein by reference.

## Claims

1. A seed of pepper line ‘Hot Pops Yellow’, a sample of seed of said line having been deposited under ATCC Accession Number PTA-122730.

2. A plant of pepper line ‘Hot Pops Yellow’, a sample of seed of said line having been deposited under ATCC Accession Number PTA-122730.

3. A plant part of the plant of claim 2.

4. The plant part of claim 3, wherein said part is selected from the group consisting of a leaf, an ovule, pollen, a fruit, or a cell.

5. A pepper plant, or a part thereof, having all the physiological and morphological characteristics of the pepper plant of claim 2.

6. A tissue culture of regenerable cells of pepper line ‘Hot Pops Yellow’, a sample of seed of said line having been deposited under ATCC Accession Number PTA-122730.

7. The tissue culture according to claim 6, comprising cells or protoplasts from a plant part selected from the group consisting of embryos, meristems, cotyledons, pollen, leaves, anthers, roots, root tips, pistil, flower, seed and stalks.

8. A pepper plant regenerated from the tissue culture of claim 6, wherein the regenerated plant expresses all of the physiological and morphological characteristics of pepper line ‘Hot Pops Yellow’, a sample of seed of said line having been deposited under ATCC Accession Number PTA-122730.

9. A method of producing pepper seed, comprising crossing the plant of claim 2 with itself or a second pepper plant.

10. The method of claim 9, wherein the plant of pepper line ‘Hot Pops Yellow’ is the female parent.

11. The method of claim 9, wherein the plant of pepper line ‘Hot Pops Yellow’ is the male parent.

12. An F1 hybrid seed produced by the method of claim 9.

13. An F1 hybrid plant produced by growing the seed of claim 12.

14. A method for producing a seed of a line ‘Hot Pops Yellow’-derived pepper plant comprising the steps of:
(a) crossing a pepper plant of line ‘Hot Pops Yellow’ with a second pepper plant, a sample of seed of said line having been deposited under ATCC Accession Number PTA-122730; and
(b) allowing seed of a ‘Hot Pops Yellow’-derived pepper plant to form.

15. The method of claim 14, further comprising the steps of:
(c) crossing a plant grown from said ‘Hot Pops Yellow’-derived pepper seed with itself or a second pepper plant to yield additional ‘Hot Pops Yellow’-derived pepper seed;
(d) growing said additional ‘Hot Pops Yellow’-derived pepper seed of step (c) to yield additional ‘Hot Pops Yellow’-derived pepper plants; and
(e) repeating the crossing and growing steps of (c) and (d) to generate further ‘Hot Pops Yellow’-derived pepper plants.

16. A method of vegetatively propagating a plant of pepper line ‘Hot Pops Yellow’ comprising the steps of:
(a) collecting tissue capable of being propagated from a plant of pepper line ‘Hot Pops Yellow’, a sample of seed of said line having been deposited under ATCC Accession Number PTA-122730;
(b) cultivating said tissue to obtain proliferated shoots; and
(c) rooting said proliferated shoots to obtain rooted plantlets.

17. The method of claim 16, further comprising growing plants from said rooted plantlets.

18. A method of introducing a desired trait into pepper line ‘Hot Pops Yellow’ comprising:
(a) crossing a plant of line ‘Hot Pops Yellow’ with a second pepper plant that comprises a desired trait to produce F1 progeny, a sample of seed of said line ‘Hot Pops Yellow’ having been deposited under ATCC Accession Number PTA-122730;
(b) selecting an F1 progeny that comprises the desired trait;
(c) crossing the selected F1 progeny with a plant of line ‘Hot Pops Yellow’ to produce backcross progeny;
(d) selecting backcross progeny comprising the desired trait and the physiological and morphological characteristic of pepper line ‘Hot Pops Yellow’; and
(e) repeating steps (c) and (d) three or more times to produce selected fourth or higher backcross progeny that comprise the desired trait and essentially all of the physiological and morphological characteristics of pepper line ‘Hot Pops Yellow’ when grown in the same environmental conditions.

19. A pepper plant produced by the method of claim 18.

20. A method of producing a plant of pepper line ‘Hot Pops Yellow’ comprising an added desired trait, the method comprising introducing a transgene conferring the desired trait into a plant of pepper line ‘Hot Pops Yellow’, a sample of seed of said line ‘Hot Pops Yellow’ having been deposited under ATCC Accession Number PTA-122730.

21. A seed of a plant produced by the method of claim 20.

22. A method of producing pepper fruits comprising:
(a) obtaining the plant of claim 2, wherein the plant has been cultivated to maturity, and
(b) collecting at least one pepper from the plant.