,i.;;. j 200600069

July 20, 2011 Plant Variety Protection Office NAL Building, Room 400 10301 Baltimore Blvd. Bettsville, MD 20705-2351 2cx:::k;oO()(og Subject: Response to - Chicory Application No~eestlOO~Chicory (First Letter)

Dear Mark A. Hermeling, Senior Plant Variety Examiner:

The contents contained herein are in respectful response to your first letter of examination regarding Application No. 200500069, Chicory . Extensive efforts have been made to clarify previously unaddressed or inadequately defended contentions. Information missing from the application, designated by your letter, has been entered, and the explicative exhibits have been revised and improved. As per my thorough conversations with Brenda Landis, I have aimed to elucidate our breeding program and analysis process to show that our methods produced true to form results, typical in range and deviation of existing Chicory varieties, while also showing that the results proved substantially contradistinctive when their averages were compared against Forage Feast Chicory. I have also completed a dedicated search to obtain all available information on existing varieties of forage Chicory. Using this information, I have distinguished TFI 200 from all other .forage varieties of common knowledge. I' would also like to clarify that when I submitted my initial application, a similar search was performed. The information I have used in my revisions was not readily available at that time. Additionally, the data set previously submitted in Exhibit C has been revised for legibility. Please let me know if you have any further questions or concerns regarding this revision. Thank you.

Sincerely,

Kevin R. Loe, Plant Variety Breeder Oregon Wholesale Seed Company Telephone: (503)-873-5190 Fax: (503)-873-8861 E-Mail: [email protected] ~------~------!!!!!!!-~~IIII,--- _ 200600069 Form Approved - 0M BNo. 05810055 1l!l1f'RODUCE OCAll Y. Include form number and date on atl reproductions 200600069

The following statements are made in accordance w~h the Privacy Act of 1974 (5 U. S. C. 552a) and U.S. DEPARTMENT OF AGRICULTURE the Paperwork Reduction Act (PRA) of 1995. AGRICULTURAL MARKETING SERVICE SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). Information is held confidential until certificate is issued (7 U.s.C. 2426). APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE (Instructions and information collection burden statement on reverse) 2. TEMPORARY DESIGNATION OR EXPERIMENTAL NAME 3. VARIETY NAME 1. NAME OF OWNER TFI200 Oregon Wholesale Seed Company

5. TELEPHONE (include area code) FOR OFFICIAL USE ONLY 4. ADDRESS (Street and No .. or R.F.D. No., City, Stale. and ZIP Code, and Country) PVPONUMBER 5648 Evans Valley Loop Road NE 503-874-8221 Silverton. OR 97381 6. FAX (include area code) JOD00l')b 0 CJ FILING DATE 503-873-8861

9. DATE OF INCORPORATION 7. IF THE OWNER NAMED IS NOT A "PERSON", GIVE 8. IF INCORPORATED, GIVE FORM OF ORGANIZATION (corpora lion, pa,1nership, STATE OF INCORPORATION flssoeintion, ere.) 10/21/1999 Corporation Oregon

F FILING AND EXAMINATION FEES: --- E (First person listed will receive all papers) 10. NAME AND ADDRESS OF OWNER REPRESENTATIVE(S) TO SERVE IN THIS APPLICATION. E 5 $

Kevin R. Loe R DATE E 5648 Evans Valley Loop road NE c CERTIFICATION FEE: E Silverton, OR 97381 $ I V

E DATE a

13. E-MAIL 11. TELEPHONE (Include area code) 12. FAX (Include area code) [email protected] 503-873-5190 503-873-8861 18. DOES THE VARIETY CONTAIN ANY TRANSGENES7 (OPTtONAL) 14. CROP KIND (Common Name) 16. FAMILY NAME (Botenical) 0 YES !!!! NO Chicory (Forage Only) Asteraceae IF SO. PLEASE GIVE THE ASSIGNED USDA-APHIS REFERENCE NUMBER FOR THE 15. GENUS AND SPECIES NAME OF CROP 17. IS THE VARIETY A FIRST GENERATION HYBRID? APPROVED PETITION TO DEREGULATE THE GENETICALLY MODIFIED PLANT FOR

DYES NO COMMERCIALIZATION. Cichorium intybus L !!!!

0 20. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE SOLD ONLY AS A CLASS 19. CHECK APPROPRIATE BOX FOR EACH ATTACHMENT SUBMITTED OF CERTIFIED SEED? (See Section 83(a) of the Plant Variety Protection Act) (Follow instructions on reverse) \e:' a. !!!! Exhibit A. Origin and Breeding History of the Variety d YES (If "yes", answer ~ems 21 and 22 below) r, l:::::' NO (If "no", go to ~em 23) b. !!!! Exhibil B. Slatemeni of Dislinclness D UNDECIDED Objective Description of Variety c. !!!! Exhibit C. 21. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO

Additional Description of the Variety (Optional) d. !!!! Exhibit D. NUMBER OF CLASSES?

e. !!!! Exhibit E. Statement of the Basis of the Owner's Ownership 0 YES !!!! NO CERTIFIED f. !!!! Exhibit F. Declaration Regarding Deposil IF YES. WHICH CLASSES? 0 FOUNDATION o REGISTERED o 22. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO g. Voucher Sample (3,000 viable untreated seeds or, for tuber propagated varieties. verification 0 NUMBER OF GENERATIONS? that tissue culture will be depos~ed and maintained in an approved public repos~ory) 0 YES !!!! NO h. 0 Filing and Examination Fee ($4,382), made payable to "Treasurer of the Uniled Slates" (Mail to the Plant Variety Protection Office) IF YES, SPECIFY THE NUMBER 1,2,3, etc. FOR EACH CLASS.

o FOUNDATION o REGISTERED o CERTIFIED (If additional explanation is necessary. please use the space indicated on the reverse.)

IS THE VARIETY OR ANY COMPONENT OF THE VARIETY PROTECTED BY HAS THE VARIETY (INCLUDING ANY HARVESTED MATERIAL) OR A HYBRID PRODUCED 24. 23. INTEllECTUAL PROPERTY RIGHT (PLANT BREEDER'S RIGHT OR PA TENT)? FROM THIS VARIETY BEEN SOLD, DISPOSED OF. TRANSFERRED, OR USED IN THE U. S. OR OTHER COUNTRIES? 0 YES !!!! NO !!!! YES O' NO IF YES. PLEASE GIVE COUNTRY, DATE OF FILING OR ISSUANCE AND ASSIGNED IF YES, YOU MUST PROVIDE THE DATE OF FIRST SALE, DISPOSITION. TRANSFER. OR USE REFERENCE NUMBER. (Please use space indicated on reverse.) FOR EACH COUNTRY AND THE CIRCUMSTANCES. (Please use space indicated on reverse.) 25. The owners declare that a viable sample of basic seed of the variety has been furnished with application and will be replenished upon request in accordance with such regulations as may be applicable, or for a tuber propagated variely a tissue culture will be deposited in a public repository and maintained for the duration of the certificate.

The undersigned owner(s) is(are) the owner of this sexually reproduced or tuber propagated plant variety, and believe(s) that the variety is new. distinct. uniform, and stable as required in Section 42, and is entitled to protection under the prOVisions of Section 42 of the Plant Variety Protection Act.

Owner(s) Is (are) informed that false representation herein can jeopardize protection and result in penalties. 'S'"IGr.iNiJ.A•.TnuioRiFe"o'iiFoonwiiiiNN"'eRR------""T'

NAMe(PleBsB print or type) NAMe(Plees. print or type)

Kevin R. Loe (C'tAU'P;;iiA1'C:iiIT"iY"'10'iiR>TTiliTTlilE:------TiIIO"Ai'iT'EE------.....jh:C'AA;;P"'A"'ClrrTY=O"'R"'T"ITT.L.e,.------"""o7AT"'e=------

Breeder 11/03/06

ST -170 (07-01-2009) designed by the Plant Variety Prolection Office 200600069 . GENERA[ INSTRUCTIONS: To be effectively filed with the Plant Variety Protection Office (PVPO), ALL of the following items must be received in the PVPO: 200600069 (1) Completed application form signed by the owner; (2) completed exhibits A, B, C, E, F; (3) for a tuber reproduced variety, verification that a viable (in the sense that it will reproduce an entire plant) tissue culture will be deposited and maintained in an approved public repository; and (4) payment by credit card or check drawn on a U.S. bank for $4,382 ($518 filing fee and $3,864 examination fee), payable to "Treasurer of the United States" (See Section 97.6 of the Regulations and Rules of Practice). NEW: With the application for a seed reproduced variety or by direct deposit soon after filing, the applicant must provide at least 3,000 viable untreated seeds of the variety per se, and for a hybrid variety at least 3,000 untreated seeds of each line necessary to reproduce the variety. Partial applications will be held in the PVPO for not more than 90 days; then returned to the applicant as un-filed. Mail application and other requirements to Plant Variety Protection Office, AMS, USDA, Room 401, NAL Building, 10301 Baltimore Avenue, Beltsville, MD 20705-2351. Retain one copy for your files. All items on the face of the application are self explanatory unless noted below. Corrections on the application form and exhibits must be initialed and dated. DO NOT use masking materials to make corrections. If a certificate is allowed, you will be requested to send a payment by credit card or check payable to "Treasurer of the United States" in the amount of $768 for issuance of the certificate. Certificates will be issued to owner, not licensee or agent.

NOTES: It is the responsibility of the applicant/owner to keep the PVPO informed of any changes of address or change of ownership or assignment or owner's representative during the life of the application/certificate. The fees for filing a change of address; owner's representative; ownership or assignment; or any modification of owner's name is specified in Section 97.175 of the regulations. (See Section 101 of the Act, and Sections 97.130, 97.131, 97. 175(h) of the Regulations and Rules of Practice.) Plant Variety Protection Office Telephone: (301) 504-5518 FAX: (301) 504-5291 General E-mail: [email protected] Homepage: http://www.ams.usda.gov/science/pvpo/PVPindex.htm

SPECIFIC INSTRUCTIONS: To avoid conflict with other variety names in use, the applicant must check the appropriate recognized authority and provide evidence that the permanent name of the application variety (even if it is a parental, inbred line) has been cleared by the appropriate recognized authority before the Certificate of Protection is issued. For example, for agricultural and vegetable crops, contact: U.S. Department of Agriculture, Agricultural Marketing Service, Livestock and Seed Programs, Seed Regulatory and Testing Branch, 801 Summit Crossing Place, Suite C, Gastonia, North Carolina 28054-2193 Telephone: (704) 810-8870. http://www.ams.usda.gov/lsg/seed.htm .

ITEM 19a. Give: (1) the genealogy, including public and commercial varieties, lines, or clones used, and the breeding method; (2) the details of subsequent stages of selection and multiplication; (3) evidence of uniformity and stability; and (4) the type and frequency of variants during reproduction and multiplication and state how these variants may be identified

19b. Give a summary of the variety's distinctness. Clearly state how this application variety may be distinguished from all other varieties in the same crop. If the new variety is most similar to one variety or a group of related varieties:

(1) identify these varieties and state all differences objectively; (2) attach replicated statistical data for characters expressed numerically and demonstrate that these are clear differences; and (3) submit, if helpful, seed and plant specimens or photographs (prints) of seed and plant comparisons which clearly indicate distinctness.

19c. Exhibit C forms are available from the PVPO Office for most crops; specify crop kind. Fill in Exhibit C (Objective Description of Variety) form as completely as possible to describe your variety.

19d. Optional additional characteristics and/or photographs. Describe any additional characteristics that cannot be accurately conveyed in Exhibit C. Use comparative varieties as is necessary to reveal more accurately the characteristics that are difficult to describe, such as plant habit, plant color, disease resistance, etc.

1ge. Section 52(5) of the Act requires applicants to furnish a statement of the basis of the applicant's ownership. An Exhibit E form is available from the PVPO.

20. If "Yes" is specified (seed of this variety be sold by variety name only, as a class of certified seed), the applicant MAY NOT reverse this affirmative decision after the variety has been sold and so labeled, the decision published, or the certificate issued. However, if "No" has been specified, the applicant may change the choice. (See Regulations and Rules of Practice, Section 97.103).

23. See Sections 41, 42, and 43 of the Act and Section 97.5 of the regulations for eligibility requirements.

24. See Section 55 of the Act for instructions on claiming the benefit of an earlier filing date.

22. CONTINUED FROM FRONT (Please provide a statement as to the limitation and sequence of generations that may be certified.)

23. CONTINUED FROM FRONT (Please provide the date of first sale, disposition, transfer, or use for each country and the circumstances, if the variety (including any harvested material) or a hybrid produced from this variety has been sold, disposed of, transferred, or used in the U. S. or other countries.) 1/20/2005 - Allied Seed (Trials). Lebanon, OR.

24. CONTINUED FROM FRONT (Please give the country, date of filing or issuance, and assigned reference number, if the variety or any component of the variety is protected by intellectual property right (Plant Breeder's Right or Patent).)

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor. and a person is not required to respond to a collection of information unless a displays a valid OMB control number, The valid OMB control number for this information collection is 0581-0055. The time required to complete this information collection is estimated to average 1.4 hours perresponse, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and rev;ewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all as programs and aclivffies on the basis of race, color. national origin. age. disabilay. and where applicable, sex. mamal status, familial status, parental status, religion, sexual orientation. genetic information, polftical beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program (Not all prohibrled bases apply to all programs.) Persons wah disabilaies who require alternative means for communication of program information (Braille. large print. audiotape. etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOD). To file a complaint of discrimination, wme to USDA, Director, Office of Civil Rights. 1400 Independence Avenue. S.W.. Washington, D.C. 20250-9410. or call (800) 795-3272 (voice) or (202) 720-6382 (TOD). USDA is an equal opportunffy provider and employer.

ST -470 (07-Q1-2009) designed by the Plant Variety Protection Office 200600069 . 1- . 1 200600069

Exhibit A

TFI200 Chicory - Cichorium intybus L. (Family: Asteraceae)

Origin and Breeding History

13a Exhibit A: Kevin Loe originated initial selections from collections found while searching for native wild land species. Preliminary selections were produced from a single germplasm discovered in a pasture near Silverton, Oregon in the United States of America. A single germplasm (081097-1456) of Chicory, which was discovered in a pasture near th Silverton, Oregon in the United States of America on August 10 , 1997, appeared distinctly different from other plants in the area. The seed from this germplasm was collected at the coordinates: 45 02 6.034 N & 12244 19.707 W, on a southern facing slope with a five percent gradient, full sun exposure, well drained, Holcumb silty clay loam soils. The germplasm was growing in a dry area at an elevation of 355 feet. The identified plant appeared well established, specific age estimated to be at least two years based on analysis of crown diameter. This plant appeared to have larger leaves, more vigorous growth, shorter plant height and more accessions than other plants found in the area. Its color was a darker shade of green than production fields of Forage Feast Chicory, but a lighter shade of green than other plants located nearby. Plant height was 270mm at the collection time. Inflorescence terminated from one large main stem, rising from the base of the plant and branching off along smaller stems, all pointing upright. Each inflorescence consisted of 155 florets containing 584 seeds. Crown diameter was 46mm. Main stem color was Yellow-Green 146-B. Leaf color was Yellow-Geen 146-D. The colors were determined using the RHS color chart. In the fall of 1997, the germplasm from this collection was planted in a nursery plot and 685 plants were established. These plants were screened for growth stability, uniformity, leaf size, coloration, disease resistance and growing height. Using the above selection criteria, the population was reduced to 243 plants by mechanical selection prior to plant anthesis. All reductions were due to off-type identifications. No variants were observed. The remaining plants were open pollinated using in line breeding procedures. Subsequent evaluations were used to observe the population for continued uniformity over the following five years. In the fall of 2001, the second generation of cloned accessions was collected from the 1997 planting and propagated in a Y2 acre research field. This planting was evaluated for growth uniformity and stability under the same guidelines that were established for the first generation selections, which had been produced by open pollination. Second generation accessions resulted in true-to-form offspring. TFI 200 plantings were uniform and stable. No objectionable off-types or variants were observed in the second generation accessions. This generation supplies our breeding material and the germplasm is stored at Triangle Farms, Inc. in Silverton, Oregon. Variations in stem coloring, leaf shape, and leaf margin are normal for this variety and affected by the maturity of the plant, the soil fertility, and climatic fluctuations. Because the 200600069 • 1-- •J 200600069

variations are directly related to growing conditions, they are not stable or predictable with any degree of reliability. Therefore, they are not evaluable on a constant. These variations were not as prevalent in Forage Feast Chicory, which was used as our comparison variety. In the fall of 2004, accessions from the second generation were collected and used to plant out the third generation of germplasm. No objectionable off-types or variants were found in this population. Production was consistent with prior selections. Characteristics achieved through the 2004 selection of TFI 200 Chicory differed from our comparative variety, Forage Feast Chicory. Third generation TFl200 Chicory has longer leaves, denser plant growth, shorter maturity height, better adaption to cooler growing climates and North American ecosystems, and better seed production. These characteristic differences distinguish it from other varieties such as Grasslands Puna, Puna II, Choice, Oasis, Grouse, and Six Point. According to a thorough searched performed to define all other Chicory varieties of common knowledge, no other varieties are currently protected under PVP. Wikipedia has provided no citations for the information distributed about this topic, and it is not an accurate source for reliable data. Few usable details can be found about any of the six listed species. Our search did, however, yield results for Grassland Puna, Puna II, and Choice, with limited information available for Oasis and Grouse. These are external results with a stronger measure of reliability. TFl200 has been distinguished from each. The details are below. As referenced by the New Zealand Journal of Agricultural Research, 2003, Vol. 46: 53- 55, 0028-8233/03/4601-0053, @ The Royal Society of New Zealand 2003, Puna II Chicory differs from TFI 200 in a number of different ways. Primarily, Puna II leaf margins are smooth and entire, whereas TFl200 leaf margins vary from semi-lobed to serrated. As referenced by the New Zealand Journal of Agricultural Research, 2003, Vol. 46: 49- 51, 0028-8233/03/4601-0049, @ The Royal Society of New Zealand 2003, Choice Chicory has "little margin serration, undulation, or blistering." This distinguishes it from TFI 200, because margin undulation and serration are observed on the leaves of TFI 200. Analyzing pictures of Grasslands Puna Chicory, we found that TFI 200 leaves develop a cemuous transverse posture, while Grasslands Puna leaves are fully prostrate.This observation is reinforced by the New Zealand Journal of Agricultural Research, 1986, Vol. 14:105-107,0301- 5521/86/1401-0105, @ Crown copyright 1986. Additionally, Grasslands Puna is a taller plant than TFI 200, extending well over two meters when fully grown. According to comparisons made using the AMPAC tech sheet and website provided for Oasis Chicory, this variety differs from TFI 200 in leaf margin, size, shape, and posture. Oasis leaf margins are smoother, with less variability than TFI 200. The leaves of Oasis Chicory are also broader and more erect. Based on the published PGG tech sheet for Grouse Chicory, Grouse Chicory leaves are more uniform than the leaves of TFI 200. Leaf variations in 2004 TFI 200 plant selections can be observed in the supplied photos. These variations distinguish it from Grouse Chicory, using all commonly available information. There is no information published for common knowledge detailing Six Point Chicory characteristics. It is not protected by PVP and was not released at the time I collected our selection of the initial germplasm (081097-1456) in 1997. The same can be said of Puna II, Choice, Oasis, and Grouse. 200600069

1 , ~I • •J 200600069 I'

Exhibit B

TFI200 Chicory - Cichorium intybus L. (Family: Asteraceae)

Novelty Statement

13b Exhibit B: At the time of our breeding program, there were two other varieties of Chicory which had been bred and used for forage production. One of these varieties, developed in New Zealand, is known as Puna. It was not available to us to us at the time of evaluation. The other variety, Forage Feast, was developed in France. Other existing varieties are typically used for Witloof or for root production, as a coffee additive or substitute. Throughout this application, I have used Forage Feast Chicory as my comparison variety. TFI 200 Chicory most closely resembles Forage Feast Chicory. Forage Feast Chicory was developed and released by Barenbrug. It was bred to resist bolting and persist throughout the winter months. TFI 200 is an herbaceous perennial that was bred and developed for enhanced forage use due to extensive taproot development, elongated leaf growth, dense vegetative material, improved adaptability and increased seed production. The large taproot produced by TFI 200 Chicory plants does not develop into a bulbous or heart-like shape, as seen in the vegetable varieties. Fifty TFI 200 Chicory and ten Forage Feast Chicory germplasms were planted and measured over a two year period during the 2004 and 2005 crop years, for evaluation comparisons. All evaluations and comparisons were made using plants from the same location and the same planting, grown in the same soil types. Fertilization and fungicide applications were applied at the same time on both sites. Plants were established concurrently and were of the same maturity. Specimens were selected randomly from the field and both varieties were observed under the same growing conditions. Evaluations were performed under the same moisture conditions and no additional water was applied to either crop to alter the results. Plant measurements were taken annually; the data was averaged and evaluated for standard deviation, comparing TFI 200 Chicory to the Forage Feast variety. The data was evaluated by percentage of variance traits for each separate year, conducting comparisons side by side. Then averages were examined between the two years, to establish the stability of various traits and growth patterns throughout the first and second year of production on the same perennial plantings. The date range for the evaluations of TFI 200 Chicory and Forage Feast th Chicory was May 31st thru June 10 • For both years, vegetative measurements were taken during the flowering period. Seed measurements were taken after the seed had developed and reached maturity. When comparing TFI 200 Chicory to Forage Feast Chicory by variation in color and growth characteristics, there are clear differences that can be found throughout the germplasm population. These differences are based on the following evaluations: -

------...... -_-~200600069 r. .1 200600069

Anatomical Characteristic TFI200 Foral!e Feast Hypocotyl Color RHS White/155-D RHS White/155-A Brace Root Color RHS Green-Yellow/161-A RHS Green-Yellow/161-C Main Stem Color Mature RHS Yellow-Green/146-B RHS Yellow-Green/146-D Leaf or Leaflet Color Dorsal RHS Yellow-Green/146- A RHS Yellow-Green/146- B Style Color RHS Violet-Blue/96-C RHS Violet-Blue/96-A Pollen Color RHS White/155-C RHS White/155-D Filament Color RHS White/155-A RHS White/155-D Petal Color Main RHS Violet-Blue/97-A RHS Violet-Blue/91-B Petal Color Veins RHS Violet-Blue/97-A RHS Violet-Blue/91-C Petal Color Eye RHS Yellow-White/158-B RHS Green-Yellow/160-C Petal Color - Disk Flowers RHS Violet-Blue/97-A RHS Violet-Blue/91-A Sepal Color RHS Yellow-Green/146- B RHS Yellow-Green/146-C Seed Coat Color RHS Blue1200-A RHS Blue1202-A Plant Height at Maturity 1,921.9 mm 2,069.25 mm Plant Width at Maturity 587.23 mm 652.4 mm Branch Number - Low Half 14.43 11.45 Branch Angle from Main Stem 46.55Degrees 40.25 Degrees Leaf Angle from Main Stem 46.55 Degrees 41.00 Degrees Width of Leaf 96.03 mm 101.5mm Length of Leaf 224.82mm 197.55 mm Inflorescence Height from Ground 1,024.82mm 1,240.4 mm Number of Florets per Inflorescence 5.15 2.45 Floret Diameter 44.59mm 39.17 mm Weight per 1,000 Seeds 1.54 mg 1.403 mg Number of Florets on Plant 607.95 498.25 Number of Seeds per Floret 21.63 21.2 Number of Seeds per Plant 13,135.25 10,562.9 Days from Emergence to First Flower 220 233 Days to Harvest: From Seed to Seed 280 295

Distinct differences can be seen between the two data sets shown above. TFI 200 Chicory reaches an average plant height of 1,921.9mm at maturity, with an average spread of 587.23mm, and an average of 14.43 branches growing from the lower half of the main stem. These plants produce more lateral growth than Forage Feast Chicory plants. Respectively, Forage Feast Chicory grows to an average plant height of 2,069.25mm; significantly taller than TFI 200 Chicory. Its average spread is 652.4mm, and an average of 11.45 branches grow from the lower half of the main stem. TFI 200 leaves tend to vary on the margins, appearing more serrated along a smaller main stem than Forage Feast. TFI 200 leaves average 96.03mm in width, and 224.82mm in length. Comparatively, Forage Feast leaves average 101.5mm in width, and 197.55 mm in length. TFI 200 leaves have a cemous longitudinal posture, whereas Forage Feast leaves have an applanate longitudinal posture; this difference can be observed in the supplied photos. ------~200600069 •I 200600069

When analyzed side by side, TFI 200 plants produce larger flowers. Flower diameter for TFI 200 Chicory averages 44.59mm, while Forage Feast Chicory flower diameter averages 39.17mm. These differences can be observed in the provided photos. Color determinations were made using the Royal Horticulture Society color charts. Based on all evaluations, the color of the TFI 200 plants appear to be lighter green, with a slight color of red in the stems and leaves, and a designation of RHS Yellow-Green/146-B. Petal color for TFI 200 flowers was darker, classified as RHS Violet-Blue/97-A, versus the petal color determination for Forage Feast Chicory of RHS Violet-Blue/91-B. Morphologically, TFI 200 plants develop branches at a greater angle from the main stem than Forage Feast Chicory branches; determined by a TFI 200 branch angle of 46.55 degrees versus a Forage Feast branch angle of 40.25 degrees. TFI 200 leaves grow with similar angularity, seen by a respective 46.55 degree angle versus a Forage Feast leaf angle of 41.00 degrees. Seed production and maturity rates also differ notably between the two varieties. TFI 200 Chicory averages 607.95 florets per plant, and 13,135.25 seeds per plant. Forage Feast Chicory averages 498.25 florets per plant, and 10,562.90 seeds per plant. Throughout the winter months, TFI 200 Chicory persists better than Forage Feast. In the Silverton region, during the later part of March, the plants begin to produce a substantial amount of new vegetative growth. When both varieties are planted at the same time, the growth pattern of TFI 200 Chicory is enhanced in comparison to Forage Feast Chicory. While Forage Feast was bred to resist bolting, TFI 200 Chicory maintains a shorter average maturity height and a faster maturity rate. From seed sowing to harvest, TFI 200 Chicory averaged 280 days, while Forage Feast Chicory averaged 295. In both crop years, TFI 200 Chicory produced more seed in a shorter period of time. All observations were made over a two year period of study in Silverton, Oregon. The analyzed data that was gathered during the 2004 study was from first year growth plots. The data gathered in 2005 was from the same plots, during the second year's growth. TFI 200 Chicory exhibits distinct and contrasting differences when compared to Forage Feast Chicory throughout these evaluations. These differences have also been supported by unsolicited feedback from customers throughout the United States. Fully detailed evaluation results, including all deviation percentages, have been appended to this application. ------~200600069

~(-;'}.. 1_-I • 1 I r 200600069 REPRODUCELOCALLY. Include form number and date on all reproductions. Form Approved OMB NO 0581-0055 According to the Paperwork Reduction Act of 1995, en agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless ff displays a valid OMB control number. The valid OMB control number for this information collection is 0581-0055. The time required to complete this information collection is estimated to average 2.2 hours per response, including the time for reviewing instructions, searching existing data sources. gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U. S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin. age. disabilffy, and where applicable. sex. marital status. familial status, parental status. religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program (Not all prohibffed bases apply to all programs.) Persons wffh disabilffies who require alternative means for communication of program information (Braille, large print, audiotape. etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

To file a complaint of discrimination, write to USDA. Director, Office of Civil Rights. 1400 Independence Avenue, S. W .• Washington, D.C. 20250-9410. or call (800) 795-3272 (voice) or (202) 720-6382 (TOD). USDA is an equal opportunity provider and employer.

U.S. DEPARTMENT OF AGRICULTURE EXHIBIT C AGRICULTURAL MARKETING SERVICE SCIENCE AND TECHNOLOGY PLANT VARIETY PROTECTION OFFICE BELTSVILLE. MD 20705

OBJECTIVE DESCRIPTION OF VARIETY GENERAL FORM FOR ANY SPECIES

NAME OF APPLICANT (S) TEMPORARY OR EXPERIMENTAL DESIGNATION VARIETY NAME -rF - J.oO

ADDRESS(Street and No. or RD No., City, Sat14 Zip Code, /lid Country)

PVPONUMBER S~L('7l E.vo..ns Vo..\\C::') L.oOf l

This is a g61B'8 form for use wh61 a form for a specific QEJlusa1d species is not aveilct>le. Applications of this type are ma:le in species in which feN variaies, if any. are oommonly known. For tha reemn. a form Calnot be draftoo because the spa1 of thevariaion of most charoctB'istics is not known. In this case. the variaies are de&:ribed aooording to the dassica Linnaem way. Using a dictionary ci botanical tB'msand this form. de&:ribethe charoctB'istics of the ~p1icction variEty on the left side of the form and describe the most similar oompariron variEty on the right side of the form. Be as specific as possible. Indude photogr~hic prints of the variaies.

1. QUALITATIVE TRAITS

Crop Kind (Common Name): _C=-""'=-i:..;<:'~'..!.CLl''-~~ _ Name of Comparison: F'" "('"0-0:::l1 FRQ.S + Genus and Species: C;' c.. '" C• I\)"" ; (\+~ 6 lJ S Source of Comparison: 'BA--<"en 6rv:), reo-nc,e, Location Where Developed: _'5.=:!.:\~\/~e:.!~_+..L.JO~t"'\LI,..-JC)o.L.t'Rs..... _

Preferred Growing Conditions (light. moisture, soil type. pot/bedding/ground cover. etc.): Growing Conditions: F'"," sun, we\{ ~n:-....\nc8. soi\s) c.\~~ +0 ?o.n~~ \i0~H ~("a..(:", e &. tSi\-\--'J c.\o..) \oo...n I Sed \ o-o.~~+(oY) I iJ.D- 190// c~VHIV~\ CO-I n~o....\\. 50\\':> ~\f" ~e~vo-+e ~r+i\;~ o...n6. ~O\s+~~C '

Propagation Method (seed/tuber/cuttings/etc.; inbred/hybrid/open pollinated/etc.; Propagation Method: annual/perennial/etc. ): Ac.cc~sl'o('\'5 -thrOve)\- c.\o'"'c.$-

See <\. (,0\ \cc..+ ;OY1) ;n b \e,ed.\ ~J 0 ~en poll ~n"..+eti) o..n~ i("\\:I'GC6..:",,~. Oven po\\inc...\-I'o(l, ?ereY'nio....\ .. ~ec.\-.o..nic..o-\ e\;rnlJ"o..-+io¥' o.f ~('\~SI(oJ.,\GS ..

Whole Plant Habit (herbaceous/woody; upright/prostrate; thorns; tendrils; etc.): Plant Habit: \-lc\"""bo..c.eoOS -PCnn"'lnl()o..\.) \J'Pr-{~~+- p/CI-f\-r" lo(\~ \..h:rbo-.c..:::o"'~ 0p.I'~~+) SI?\:o\i~Gl"bl.!S +o...lp ("'0" -r I ~ \ 0....t)(: 10 05 T-O \--.:\c- S"""b:3 s+e~.J c::... S-\-G~ W ;-\-h 5'.)("'"\~ob.;o-l

,o-c,e~ \(\ ~\o\J("'"e..;a;I"\c.e .:R';"o:>-'PO'C)\;JS t"'l ••••in SHn b ("'"co..nCo ~:n ~ pc...++Gin _ 'S-\--~vc.-tvl1""'e - , Cot';).\ (Y\(Y\ heiv ...""-r.

Leaf Shape (simple/compound; arrangement on stem; whole leaf shape; leaf margin; leaf base; Leaf Shape: leaf apex; leaf attachment; leaf venation; pubescence; waxiness; glands; fragrance; etc.): Ob\c....nc.eo lA.W I S.G.-.-(..•...~s -\Oe> 5\rn~\G \e'e-..~ \!)V+ o~ ,oc:,.g+--h=] oble-.neeio+- +t> s~v'lol.. c'n+-\C-G «\"",r<':)~",s.. P\nno....~e'':) \Ii) If \-"'- ?,nne-.-\--a\,? 1'\e-t""'(!.(}. V(H'\c..A-\o,"\. i..e"".$(- o-f'ic.e~ ot>h)C~. vaincsb.. l-e(3..~ e'o-~;c.e5 <"c!>\Jnb.e~, \eo..~ '9o..c;c. ses~;\GJ ~U>~\ •.••".) en .•..'•...c ~t)r'"~i" ~ ~ '>k~. t..ee:-.~ 't;, •.•.•se ~."s;\e. 1s- lY'ftl ~i~+\-.. '~4 k.i'c..~. SI1C'.(;,.c:.c ~.•i"\t>~, \)(\b.Gr5\o.o ~\'co~.~\~ Application Variety Data Comparison Variety Data

't'Rosc ..•.'+-C' \ c('-'~cS +OC')e\-\"'(!'(- I" Coo"l(.; Is) bec,~",\,,~ S<'V'\(l,,\\:;, ~ S\-et"l"

ST-470-75 (07/01/2009)designed by the Plant Variety Protection Office Page 1 of 7 200600069 • 1 •J Exhibit C (General) 200600069

1. QUALITATIVE TRAITS (continued)

Application Variety Data Comparison Variety Data

Flowers (inflorescence type; floret shape; bud; sepals; petals; stigma; stamen; pollen; Flowers: •I\ L.\ etc.) A.' • C\ .. 'L I ~c..hn0(V10rph' c.. . o\,oec- WI+h \I~u\e'o-.,..e C.O\l'\'P0<;\+-e VIO e.,. ~ 9,,;e \tV,,,",,, ~~

'P

Fruits (type; surface features; attachment; seeds; etc.) Fruits and Seeds:

~v('.J'O-t>::>e I? ~ee pc r jf\.G\o reS i"\ce; Sa:e~ ~O~~ it"\ ?~~\\ ~r') ~~~ ;n~\e>\esc.Ci",c..€.. a'S c..e hc\~ \'" c.on>\\()... \;>ro-£..+. SO('Y\C ~l--.o-+- cJo-vtJi--e; vc..("'~i•...•~/" (.0\0(", bro\.O\'"l.l b\e-..c.\(. +0 w~~~C'...

2. QUANTITATIVE TRAITS

Average Standard Sample Average Standard Sample Trait Trait (Mean) Deviation Size (Mean) Deviation Size

Number of Chromosomes (1 N) Number of Chromosomes (1 N) --- tv/A '\00 --- "'fA 'J,.O Days from emergence to first Days from emergence to first t).~~ flower 'J.~V flower From Days from emergence to 50% Days from emergence to 50% Direct of plants in flower ~50--- of plants in flower ~~~ Seeding Days from first flower to last bO Days from first flower to last flower --- flower ~l

M Days from transplant to first Days from transplant to first A flower --- N/A flower --- .W/A T From U Days from transplant to 50% of Days from transplant to 50% of Trans- R plants in flower plants in flower --- Planting --- N/~ N/~ I T Days from first flower to last Days from first flower to last y flower --- tV/A flower --- "'fA Days from emergence to first Days from emergence to first flower --- NIp.., flower --- rJlf\ From Days from emergence to 50% Days from emergence to 50% Pack of plants in flower tI/~ of plants in flower --- Trials --- iV/A Days from first flower to last Days from first flower to last flower --- ~/A. flower --- "'fA mm Plant Height at Maturity ~L.9 2.15,S3 mm Plant Height at Maturity 1~~.~'S~&.\~..Lf(, mm Plant Width (Spread) at mm Plant Width (Spread) at ~5"'~ ,., ?oat.(, .., Maturity ~!l.~(;)J ~5":~ Maturity ---- Number of Stems Arising from I Number of Stems Arising from I 0 P Base of Plant 0 Base of Plant L A mm Main Stem Length i911.C:>~ ~ 1(,,:1 mm Main Stem Length 2-~1'lf 3'b'1.53 N T mm Main Stem Diameter at mm Main Stem Diameter at Mid-point __

Number of Branches (arising Number of Branches (arising from lower half of main stem) l'i~~ '3.?4 from lower half of main stem) Jl~S- "J,.L1'1

Branch Angle from Main Stem ~.$S i.f."8 lc> Branch Angle from Main Stem .HQ~S- &.~~

Application Variety Data Comparison Variety Data

ST-470.75 (07/01/2009) designed by the Plant Variety Protection Office Page 2 of 7 200600069 • t Exhibit C (General) 200600069

2. QUANTITATIVE TRAITS (continued)

Application Variety Data Comparison Variety Data Standard Sample Average Standard Sample Average Trait Trait Deviation Size (Mean) Deviation Size (Mean)

Leaf Angle from Main Stem ~~~'S" ~.11 100 Leaf Angle from Main Stem _~1 1,~£1 ~O mm Width of Leaf ~~O..3 '''.4 \ mm Width of Leaf l~L~ .".$?> mm Length of Leaf Including mm Length of Leaf Including '4-.~.S"lI L Petiole ~~~ L.(~.J;)O Petiole l~l,~ E A mm Thickness of Leaf O.• mm Thickness of Leaf V _Q-,,~~ O~ _~»-7 .I?- E mm Length of Petiole S mm Length of Petiole ---- NlA ---'- NIA

mm Width of Leaflet mm Width of Leaflet ---- N/A ---- ",I A

mm Length of Leaflet mm Length of Leaflet ---- tv fA ---'- ~/A mm Inflorescence Height from I mm Inflorescence Height from '~~~•..t:>- F mm Inflorescence Width mm Inflorescence Width L Ict'i,\?> (Diameter) ~2~!.!" a (Diameter) 51.~.!i~ ''j,-.~ R mm Depth of Head or mm Depth of Head or E 'J..5""~,~1 Inflorescence ~~1,~31 .).~. ~'ir Inflorescence ~~~j,':r' S C Number of Florets Per Number of Florets Per E ~.'f3 Inflorescence _1-.:-~S" .1, Inflorescence -~~,~ N C mm Length of Peduncle E mm Length of Peduncle ---- rJ/A ---'- N/A. Number of Sepals per Floret 3~"'~ \.Iil' Number of Sepals per Floret -~.~ I.'j..

Number of Petals per Floret J!.t;t5" Number of Petals per Floret l~'O 'J...IS" ?.~'\

Number of Anthers per Floret l'it;'O ~. 9.'\ Number of Anthers per Floret -1~~S- t.q~ I Number of Stigmas per Floret ~i) N Number of Stigmas per Floret 1-~.';).'.). 5.o~ ~,'81 D I mm Floret Diameter (P.9oS'" mm Floret Diameter ...3~:l.:..I'~).1:'(, V ~i.5" I D mm Eye Diameter _'i..#~1 c).., " mm Eye Diameter _If.~ 0.",,, u A mm Petal Length (ray flower if mm Petal Length (ray flower if Compositae) 11.....~~ ,.,,~ L Compositae) 1~1.1~ ~.~, F mm Petal Width (ray flower if mm Petal Width (ray flower if O,q, L Compositae) !:J-.J~G) ,.O~ Compositae) -~ ..Q~ a R mm Disk Flower Length mm Disk Flower Length ,}"L.l, &.l.~cs- E (Compositae only) ~L--"S- 5."15 (Compositae only) T mm Disk Flower Width mm Disk Flower Width LLLtD (Compositae only) 2~..:1(P 5.'iif (Compositae only) :3.~..11

mm Sepal Length 1L,iO L'11 mm Sepal Length ~j ~.ot;

mm Sepal Width ~.~'l tJ,.33 mm Sepal Width ~').. 0.5"'1

Application Variety Data Comparison Variety Data

ST-470-75 (07/01/2009) designed by the Plant Variety Protection Office Page 3 of 7 200600069 I• •I exhibit C (General) 200600069

2. QUANTITATIVE TRAITS (continued)

Application Variety Data Comparison Variety Data Average Standard Sample Average Standard Sample Trait Trait (Mean) Deviation Size (Mean) Deviation Size

mm Fruit Length mm Fruit Length ---- N/A 100 ---- rJ/A ').0 mm Fruit Width mm Fruit Width ---- "'fA ---- ,vIA I mm Fruit Thickness mm Fruit Thickness ------N tJfA /'If A D gm Fruit Weight I gm Fruit Weight ---- N/A ---- iV/A V I mm Fruit Rind or Skin Thickness mm Fruit Rind or Skin Thickness D --- tV/A --- tJfA U A mm Fruit Flesh Thickness mm Fruit Flesh Thickness L ---- W'A ---- N/A F Number of Locules (Cavities) Number of Locules (Cavities) R per Fruit -- N/A per Fruit -- NIA U mm Cavity Width I mm Cavity Width ------T tJ/A rJ/A

mm Cavity Length mm Cavity Length ---- IJIA ---- "'/A Number of Seeds per Fruit ~l.~~ 3,oc:g Number of Seeds per Fruit ~J~ 4,o~

mg Weight per 1000 Seeds __ L2'1 O.O~ mg Weight per 1000 Seeds __L~O 0, Dee.

S mm Seed Length mm Seed Length _~,-fl C) E -3.-.-9-l4 0,'10 E D mm Seed Width ~ •..QI 0.0-' mm Seed Width !).-J~':> o,oq S mm Seed Thickness _L-.9 C> mm Seed Thickness _L_ 0 a T H E R 3. PLANT COLORS Name of Color Chart Name of Color Color Chart Color Verbal Name Color Color Verbal Name Code Code Chart Chart

Example .... Light Blue 106C RHS Hypocotyl Color Wh,,,",c tSS~'D RH? Hypocotyl Color IA1'n.'Le 155-A RH5 Cotyledon Color Cotyledon Color Q\4c; Ye I'O:..J r. 6rec1n I~"'~B R W:;' Yeo110w - C•..•rt:'C:'n l'i b - B Brace Root Brace Root Color GJrcv.:A - Ye IloW \jpl~ A R\-\s Color C'1r'c::"~~-Yellow \1,\- C RHS Main Stem Color. Main Stem Mature 'RI-\ ~ Color, Mature )'C l(o~ -l::if'CCn 1&.(t.~D R \-\5 Yello~- G,r'ecn '''''b- f3 Leaf or Leaflet Color, Leaf or Leaflet Color, Dorsal Ul!H,J- C.1r'cCI'l Dorsal Ye II0 IN.,(;, ('ctl'n ILi6- A R»~ Yc iLflP-B ~~S Leaf or Leaflet Color, Leaf or Leaflet Ventral p.,. leo- 'D Color, Ventral '((' How - G,rc:cn (li~- i) (eo llovD - G!iec'o1 'R"~ RH.s Leaf or Leaflet Leaf or Leaflet Venation Color Ye )Iow.' Got ,ceo I l.f leo -cD RHOS Venation Color Yeo IIoW - GJ rce (\ 1L..(<.,"'t) R'WS. Leaf Color, Leaf Color, Other Other (describe (describe location or location or placement) ",jA placement) rJfA Application Variety Data Comparison Variety Data

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I•

, .. t •I Exhibit C (General) 200600069

3. PLANT COLORS (continued)

Application Variety Data Comparison Variety Data Name of Color Chart Color Chart Name of Color Color Verbal Name Color Color Verbal Name Code Code Chart Chart Petiole Color "'/A Petiole Color tJlA Tendril Color "'fA Tendril Color ~/~ Thorn Color rv/~ Thorn Color I\JIA. Bud (Unopened Bud (Unopened Flower) Color Flower) Color 11.f {; •• 12- Ye 1I01A\ - ~~n 1\1 ~- Pi RU5 Ye Ilo~ - Gr~(;''n RU" Stigma Color Stigma Color Itt'? R (.IS ",;.,I...J. - r.ll,}p. ,\~~A. OU" I "'i'1't k4- - Q.\ '1~-A Style Color Style Color 1\.;,: " Ie.£. - ?-I \Ji' q19-r Ru<\ viole t-- ~I "eo '1f.,-A FUIS Ovary (Immature Ovary (Immature Flower) Color Flower) Color I.,. _ l _ ~IIA ••, RH,:> 1'-0 - D RU<; l~tt\o\eA-•.. Y.:llo~ IlIo- G Pollen Color Pollen Color ~~ h,'~,. 16t5 - C. ~ LIS Wh:.l..c 155-'0 Q.\4<;. Anther Color Anther Color ".'1. '._ I~l:;.-'D IQu< Wk;~ \5'5- 'D RU< Filament Color tHee; Filament Color Wh;~e i'5'6 A. RHS W~i+e LS'"l-l'\ Petal Color, Petal Color, Main Main le"- - ~\,,(, Ie "-- ~I,le Petal Color, Petal Color, Blotches N/A Blotches utA Petal Color, Petal Color, Streaks KIA Streaks NI,.". Petal Color, Petal Color, Spots NIA Spots tJ I,.. Petal Color, Petal Color, Veins ViD".~ ...12.f.lp. q,-:'t RuS Veins V,'o rd. - r.u. JO 'll-e b"~ Petal Color, Eye Petal Color, Eye <;,r6u.eA- ~II~~ 'Yr. IIn~ -' \1-" iC!.e 'fl-A R \-IS only) V;e;(e+ - R/,,~ qt- ~ Rl-\$ Floral Color, Floral Color, Other Other (describe (describe location or location or placement) tJlA placement) 1\/1/\

Sepal Color Sepal Color I I~ ll.•.••.\• Gl C'eGn 14l#-B '''(e '11\w - C"7tec n \&i"-c. R.l-IS ~"<. Mature Fruit Mature Fruit Color, Skin wI" Color, Skin iV/A Mature Fruit Color, Mature Fruit Flesh HIlt Color, Flesh ft//A Fruit Color, Fruit Color, Other Other (describe (describe location or location or placement) tJ/f\ placement) tllA. Seed Coat Color Seed Coat Color ~t'o~n ?-oo-A 'RI-IS ~f""D~1'"'l ~-A. RWS Seed Embryo Seed Embryo Color Mn!.uet\ - '(ct(O!JJ r L,o- 1) ~"'S Color r_••••.•C A..- V•• H••~ l~o""D I? \Ie:;. •.. Seed Structure Seed Structure Color, Color, Other Other (describe (describe location or placement) location or rJ//\ "'fA placement) Application Variety Data Comparison Variety Data

Note: Common Color Charts: RHS = Royal Horticultural Society Colour Chart Munsell = Munsell Book of Color HCC = Horticultural Colour Chart BCC = British Colour Council Dictionary of Colour Standards

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J• • II Exhibit C (General) 200600069

Comparison Variety Data

~ Powdery Mildew t!1N:>owdery Mildew

~ Other (Specify) Sc.ie(""o"t: •...•i(). ...!:l Other (Specify) '5 C tc ("o-t'\ + ioi '"

t:!/:tt !!lAAphids

L Other (Specify) -'D""'-'r....•C2••...v""'-"'')''-'h,",,-o-\= _ ...5- Other (Specify) 'D f'~ "'~t

~Heat ~Heat

~ Cold i Cold

~ Lodging 2.- Lodging

t!lA Wind ",fA Wind tllA Other (Specify) _ H1A Other (Specify)

REFERENCES:

Bailey, L.H. 1971. Manual of Cultivated Plants. MacMillan. New York, N.Y. Hay, R., P.M. Synge. 1991. The Colour Dictionary of Garden Plants with House and Greenhouse Plants. Bloomsbury Books, London. Munsell Color Chart for Plant Tissues. Macbeth. P.O. Box 230 Newburgh, N.Y. 12551-0230 The Wise Garden Encyclopedia. 1990. HarperCollins Publishers. New York, N.Y.

COMMENTS (Attach photographic prints; Continue in Exhibit D)

ST470.75 (07/01/2009) designed by the Plant Variety Protection Office Page 6 of 7 200600069 , 1 200600069

REPRODUCE LOCALLY. Include fonn number and date on all reproductions. Fonn Approved OMB NO 0581.Q055 According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information uniess fl dispiays a valid OMB control number. The valid OMB control number for this information colfection is 0581-0055. The time required to complete this information collee/ion is estimated to average 1.75 hours per response, inciuding the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information.

The U.S. Department of Agricuiture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disabifity, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation. genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program (Not all prohibited bases apply to alf programs.) Persons with disabilities who require altemative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOO).

To fife a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S. W., Washington, D.C. 20250-9410, or calf (800) 795-3272 (voice) or (202) 720-6382 (TOO). USDA is an equal opportunity provider and employer.

U.S. DEPARTMENT OF AGRICULTURE Exhibit C AGRICULTURAL MARKETING SERVICE SCIENCE AND TECHNOLOGY PLANT VARIETY PROTECTION OFFICE BELTSVILLE, MD 20705

OBJECTIVE DESCRIPTION OF VARIETY Endive (C;chor;um end;v;a L.)

NAME OF APPLICANT (S) TEMPORARY OR EXPERIMENTAL DESIGNATION VARIETY NAME

T1=", 0.00

ADDRESS (Street and No. or RD No., City, State, Zip Code and Country)

S"' (p y <'( ~ v&o.Y'"t:' PVPO NUMBER

S; \Va .....+<>('\. DR

PLEASE READ ALL INSTRUCTIONS CAREFULLY:

Place numbers in the boxes to designate the character (expression(s) that best describe the submitted variety. Quantitative data should be based on the typical performance of the variety and the ch~o which it is compared. Data should be taken on spaced plants that have not been tied or covered. Include leading zeroes when necessary (e.g.,L£J!...I...~ ..1l for quantitave data. Plant colors may be designated by using any recognized color chart, e.g., the Royal Horticultural Society Colour Chart or the U.S. National Bureau of Standards Color Kit (see "References"). Cite color names or numbers and specify the chart used. Complete this form as fully as possible, so that the variety may be adeguately distinguished from others of its kind.

1. TYPE:

~ 1= Escarole (Broad-Leaf) 2 = Curly-Leaf Endive 3 = Other (Specify) Foq,•...'::>c C~; CQ~'6

2. ADAPTATION: Region:

1 = NortheasUmid-Atiantic 2 = Southeast 3 = Central States 4 = WesUsouthwest 5 = Widely adapted

Soil Type: 1 = Organic 2 = Mineral

Note: For guantitative data, use the following check varieties (circle the variety used): Escarole type: "Full Heart Batavian"; Curly endive: "Green Curled Ruffec".

3. PLANT (When Vegetative Rosette is Fully Developed):

Habit: ~ 1 = Spreading ("Green Curled Ruffec") 2 = Intermediate ("Full Heart") 3 = Erect ("Deep Heart Fringed")

Head: D 1 = Concave or flat ("Breedblad Vol hart Winter') 2 = Rounded ("Growers Giant") ~ Size: 1 = Small ("Louviers") 2 = Medium ("Full Heart Batavian") 3 = Large ("Salad King")

ITJJ g: Weight of marketable head ITJJ g: Weight of head, check variety

ITJJ cm: Width of rosette ITJJ cm: Width of rosette, check variety Heart (refers to Tender Inner Leaves): D 1 = Hollow ("D'hiver de Provence") 2 = Moderate ("Salad King", "Broad Leaved Batavian") 3 = Full (" Deep Heart")

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_!..-=- ,I 200600069

------Exhibit C (Endive) 4. ROOT:

[]ill mm. Diameter of Tap Root (at soil line) ~ mm. Diameter of Tap Root, Check Variety

5. LEAF (Largest Outer Leaves):

[!] Blade: 1 = Smooth ("Ambio") 2 = Slightly Blistered ("Florida Deep Heart") 3 = Distinctly Blistered or Crumpled

Surface: 1 = Dull or Matte 2 = Glossy

Attitude: 1 = Mostly Straight 2 = Slightly Incurved 3 = Strongly Incurved

Edge of Leaf: 1 = Flat or Straight 2 = Wavy 3 = Curly

Margin: 1 = Entire 2 = Shallowly Toothed ("Full Heart") 3 = Moderately Cut and Curled ("Deep Hearted Fringed") 4 = Deeply and Finely Cut and Curled ("Green Curled Ruffec")

:l~. [!] cm Length \[6].~ cm Length, Check Variety

liliJ.D cm Width, Including Lobes if any I@ITI.~ cm Width, Check Variety

IT] No. of Major Lobes IT] No. of Major Lobes, Check Variety

Color, Check Variety YellovJ ~ <=711:'"nil.( C"

Color Chart Used: R 0 ~ "'- \ H(2~+-!LVIh2 C< S {P c. ; e +- ::>

Color of Midrib: D 1 = White 2 = Yellow 3 = Pinkish 4 = Green

LEAF: Inner, or "Heart" Leaves

Color: D 1 = White to Cream 2 = Yellow 3 = Pale Green 4 = Medium Green

6. INFLORESCENCE (When Flower Heads are Fully Expanded):

mm Width of Flower Head ~ mm Width of Flower Head, Check Variety

No. of Flowers per Head Y.rn No. of Flowers per Head, Check Variety Flower Color: 1 = Blue-purple ("Full Heart", "Salad King") 2 = Pink ("Rosabella") 3 = White ("Westlandia")

7. DISEASE RESISTANCE (0 = Untested; 1 = Susceptible; 2 = Resistant):

[Q] Aster Yellows @] Mottle ~ Broad Bean Wilt Virus [Q] Mosaic Virus [£] Cucumber Mosaic Virus [Q] Turnip Mosaic Virus [£] Spotted Wilt Virus [Q] Bottom Rot (Rhizoctonia so/am) @] Bacterial Rot (Pseudomonas cichoril) 0 Leaf Spot (Alternaria son chi) ~ Root Rot (Botrytis spp.) [Q] Powdery Mildew (Erysiphe cichoracearum) [Q] Gray Mold Rot (Botrytis cinerea) ~ Scherotinia rot [Q] Leaf Spot (Septoria endiviae) [Q] Other (Specify)

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Exhibit C (Endive)

8. PEST RESISTANCE (0 = Untested; 1 = Susceptible; 2 = Resistant):

[Q] (spp.) [Q] Cabbage Looper (Trichoplusia nil [QJ Nematodes (Specify genus and species if known) _ [Q] Other (Specify) _

9. OTHER RESISTANCE (0 = Untested; 1 = Susceptible; 2 = Resistant):

Tipburn when Grown at in the Month(s) of _ (locality)

Brown Heart when Grown at in the Month(s) of _ (locality)

10. MATURITY: Give Location of Trial(s): WinterCrop SummerCropS:\vect-on, OR US!\.

and Date(s) Seed Sown: Winter Crop Summer Crop S\ \y'a("+On , (')R \ JSA

(Considering the Date of Seeding as Day Zero, Fill in the Table Below Based Upon Your Trial(s).

No. Days to No. Days to First Seedstalk Open Flowers No. Days to Head No. Days to Head Maturity Emeraence Maturity (Winter Crop) Month Harvestable (Summer Crop) Month Harvestable Winter Summer Winter Summer CroP CroP CroP Crop Submitted (new 'liJ. (') Variety) f lQ.i Check Variety "6 (15 ';).36

References

Ryder, E.J. 1979. Leafy Salad Vegetables. AVI Publishing Co., Inc., Westport, CT. 266 p. iIIus. (ISBN 0-87055-323-2).

Seeling, R. A. 1964, Fruit and Vegetable Facts and Pointers: Endive - Escarole - Chicory. United Fresh Fruit and Vegetable Association, Alexandria, VA 8 p. illus.

Turchi, A. 1977. La Coltivazione delle Idivie. Edizioni Agricole Universale Edagricole. 40 p. iIIus.

U. S. National Bureau of Standards Color Kit No. 2107, obtainable from the Office of Standard Reference Materials, National Bureau of Standards, Washington, D.C. 20234.

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Oregon Wholesale Seed Company Variety Source: Willamette Valley Pasture 5648 Evans Valley LP RD NE (Silverton Area) Silverton, Oregon 97381 USA Variety Name: TFI 200 Chicory Developed At: Silverton, Oregon Comparison Variety: Forage Feast Chicory Comparison Developed At: Barenbrug Comparison Origin: France

TFI200 Chicory - Cichorium intybus L. (Family: Asteraceae) Exhibit C-2

TFI 200 Chicory is a deep rooted herbaceous perennial plant, used mainly as forage for livestock. It has high demand due to the nutritional value and high mineral content found in the plant material. TFI 200 Chicory is well adapted to a broad range of climates found in the United States and works exceptionally well in pasture mixes for forage. This variety thrives when grown in areas that are well drained, receive full sun, and consist of silty clay loam to sandy soil. It will use up to thirty-plus inches of annual rainfall, but will grow in dryer climates due to the large taproot it produces. TFI 200 Chicory is also well- adapted to a broad range of soil ph levels. High cold tolerance increases plant longevity and allows for strong spring re-growth. This herbaceous perennial produces a rosette of broad-leafs that are similar to beets, with a long main taproot. The plant stands erect and will develop a hollow, ring-porous main stem structure, appearing glabrous to hirsute on the surface. This soboliferous stem produces sympodial branches with a raceme inflorescence, growing 1921mm in height and 582mm in width. During the rosette stage, before bolting occurs, green spatulate leaves emerge from the rosette, averaging 95.6mm in width and 224mm in length. These leaves are pinnately veined, with margins varying from semi-lobed to serrate. Leaf apices are slightly obtuse to round, with an attenuate base. As the leaves mature, they develop a cernuous transverse posture and a revolute longitudinal posture. Leaf surfaces are glabrous, while the undersides are hirsute. When the plants start to bolt in the spring, the leaves will morphologically change, becoming more sessile and developing more entire margins. Upper leafaxils will be reduced. This composite plant produces an actinomorphic flower with a ligulate perianth, appearing violet-blue in color. Single and paired florets alternate around the stems on the main and lateral branch. The calyx consists of an average of 8.5 sepals, appearing green in color, Ilmm in length, and 5mm in width, which support the carpel. At budding, all you can see are the sepals, because they cover the entire carpel. After the petals are dropped, the sepals will close back to the same pre-bloom position. When the seed matures, the sepals will appear pink to red in color, indicating full plant maturity. The calyx will open during daylight hours, releasing the seeds, and close again during the evening. 200600069 • 200600069

There are an average of 16.73 ligulate that are violet-blue in color, turning white toward the base, measuring almost 5mm in width and 19.73mm in length. The disk portion of the flower is 41mm in diameter. There is an average of 28 plumose stigmas, with white pollen, and a fimbriate style. The stamens are tightly attached, with a violet-blue filament and white anther. Seeds are formed in a phyllary inflorescence, which is held in place by the corolla bracts and the sepals. They are formed in average multiples of 21.5 seeds per inflorescence. These seeds are somewhat clavate and ribbed. They can appear brown or black to nearly white in color, varying significantly from seed to seed. 200600069 200600069

Exhibit D

TFI200 Chicory - Cichorium intybus L. (Family: Asteraceae)

13d-1 Exhibit D: Additional Descriptive Information The following is a list of observations that were notated during the selection of TFI 200 Chicory, which help to illustrated that this variety is unique from other known cultivars.

During our breeding and evaluation program, the Puna Chicory variety was not available to me for analysis. However, I did study Puna using all of the photographs we could find. From these photographs, I discovered similarities in the serrated leaf margins and narrower leaf measurements. However, these were the only common and distinguishable similarities observed. Forage Feast Chicory leaves are smoother on the margins and do not vary in width as much as TFI 200 Chicory. TFI 200 Chicory proved to be substantially more persistent than Forage Feast. During the breeding program, we maintained production fields of Forage Feast and observed that TFI 200 plantings exhibited greater cold tolerance and persistence. TFI 200 Chicory tends to germinate faster in the fall and perform better throughout the winter, due to a stronger cold tolerance. In cooler seasons, TFI 200 shows more leaf growth and bolts 14 days sooner than Forage Feast. Rosette leaves on TFI 200 plants are thinner in texture and extend closer to the ground. Forage Feast Chicory rosette leaves are thicker and more erect, maintaining a close proximity to the crown of the plant. TFI 200 Chicory flowers much more uniformly and 14 days earlier than Forage Feast Chicory. TFI 200 plants are more uniform in overall appearance, from the bolting period through to maturity, making this plant much easier to harvest for seed production. Stronger yields and greater longevity make TFI 200 an ideal cultivar for high quality, economical forage material. Throughout two generations of uniform and stable plantings, TFI 200 plants are redder in appearance upon maturity. From the lower branches to the top, TFI 200 seed is also more uniform and mature at the time of harvest than the seed found on Forage Feast. TFI 200 exhibits better drought tolerance than Forage Feast, with fewer plant losses from dry conditions and faster re-growth after harvest. Additionally, TFI 200 is more tolerant to Sclerotinia rot. Through consistent analysis, I have observed stronger populations per-plant-row over long periods of time as compared to Forage Feast Chicory. TFI 200 facilitates compact plant growth. Its florets appear closer together, its branches grow to a shorter length, and its leaf growth is enhanced. This helps to improve uniformity. r 200600069

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Exhibit E

Statement of Applicant

Be Exhibit E:

I, Kevin Loe, assert that I am the first original breeder, on behalf of Oregon Wholesale Seed Company, of the distinct variety for which we solicit a certificate, TFI 200 Chicory. I submit that we have sexually reproduced the variety, and that I am not aware of any preexisting public variety that has already been bred to this distinctness. I, Kevin Loe, assert that I am the sole breeder for Oregon Wholesale Seed Company of this novelty variety, and that TFI 200 Chicory has not been made available to the public for use or sale in the United States for more than one year prior to this filing date. Additionally, I avow that TFI 200 Chicory has not been described in any printed publication, in any country, prior to the completion of the breeding program which initiated its development. Neither Kevin Loe, nor the Oregon Wholesale Seed Company, has granted the rights for this variety to any persons, in any country, more than twelve months prior to filing this application. 200600069

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REPRODUCE LOCALLY. Include form number and edition date on all re roductions. FORM APPROVED - OMB No. 0581-0055 U.S. DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). The information is held EXHIBITE confidential until the certificate is issued (7 U.S.C. 2426). STATEMENT OF THE BASIS OF OWNERSHIP 1. NAME OF APPLICANT(S) 2. TEMPORARY DESIGNATION 3. VARIETY NAME OR EXPERIMENTAL NUMBER Oregon Wholesale Seed Company TFI 200

4. ADDRESS (Street and No .. or R.F.D. No .. Cffy. State. and ZIP. and Country) 5. TELEPHONE (Include area code) 6. FAX (Include area code) 5648 Evans Valley Loop Road NE 503-873-5190 503-873-8861 Silverton, OR 97381 7. PVPO NUMBER

8. Does the applicant own all rights to the variety? Mark an "X" in the appropriate block. If no, please explain. [j] YES NO

9. Is the applicant a U.S. national or a U.S. based entity? If no, give name of country. DYES D NO

10. Is the applicant the original owner? [j] YES If no, please answer 2!!! of the following:

a. If the original rights to variety were owned by individual(s), is (are) the original owner(s) a U.S. National(s)? [j] YES D NO If no, give name of country

b. If the original rights to variety were owned by a company(ies), is (are) the original owner(s) a U.S. based company? [j] YES D NO If no, give name of country

11. Additional explanation on ownership (Trace ownership from original breeder to current owner. Use the reverse for extra space if needed):

Oregon Wholesale Seed Company has granted a license to Allied Seed for exclusive rights to market and sell TFI 200 throughout the world with a separate license agreement.

Plant variety protection can only be afforded to the owners (not licensees) who meet the following criteria:

1. If the rights to the variety are owned by the original breeder, that person must be a U.S. national, national of a UPOV member country, or national of a country which affords similar protection to nationals of the U.S. for the same genus and species.

2. If the rights to the variety are owned by the company which employed the original breeder(s), the company must be U.S. based, owned by nationals of a UPOV member country, or owned by nationals of a country which affords similar protection to nationals of the U.S. for the same genus and species.

3. If the applicant is an owner who is not the original owner, both the original owner and the applicant must meet one of the above criteria.

The original breeder/owner may be the individual or company who directed the final breeding. See Section 41 (a)(2) of the Plant Variety Protection Act for definitions.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMS control number. The valid OMS control number for this information colfection is 0581-0055. The time required to complete this information coffection is estimated to average 0.1 hour per response, including the time for reviewing the instructions, searching existing data sources. gathering and maintaining the data needed. and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohib;ts discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal. or because all or part of an individual's income is derived from any public assistance program (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print. audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOO).

To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights. 1400 Independence Avenue. S. W. Washington. D.C. 20250.9410. or call (800) 795-3272 (voice) or (202) 720- 6382 (TOO). USDA Is an equal Opportunity provider and emp'oyer. ST470-E (07-09) designed by the Plant Variety Protection Office 200600069

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REPRODUCELOCALLY. Include form number and dale on all reproductions. Form Approved OMB NO 0581-0055 According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person Is not required to respond to a collection of Information unless it displays a valid OMS control number. The valid OMB control number for this information collection is 0581-0055. The time required to complete this information col/ection is estimated to average 5 minutes per response. Including the time for reviewing instructions, searching existing data sources. gathering and maintaining the data needed, and compieting and reviewing the col/ectlon of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in al/ its programs and activfties on the basis of race, color, national origin, age, disabimy, and where applicable, sex, marital status, familiai status, parental status, religion, sexual orientation, genetic information, political beliefs. reprisal, or because al/ or part of an individual's income Is derived from any public assistance program (Not al/ prohiMed bases apply to al/ programs.) Persons with disabililies who require altemative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W" Washington, D.C. 20250-9410, or cal/ (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an ~".P.por1ul7ity provider and employer.

U.S. DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE SCIENCE AND TECHNOLOGY PLANT VARIETY PROTECTION OFFICE BELTSVILLE, MD 20705

EXHIBIT F DECLARATION REGARDING DEPOSIT

NAMEOF OWNER(S) DDRESS(Street and No. or RD No., City, State, and Zip Code and Country) EMPORARY OR EXPERIMENTAL DESIGNATION Oregon Wholesale Seed 5648 Evans Valley Loop Road NE TFI200 Company Silverton, OR 97381 VARIETYNAME

NAME OF OWNERREPRESENTATIVE(S) DDRESS(Street and No. or RD No., City. State, and Zip Code and Country) Kevin R. Loe 5648 Evans Valley Loop Road NE VPONUMBER Silverton, OR 97381

I do hereby declare that during the life of the certificate a viable sample of propagating material of the subject variety will be deposited, and replenished as needed periodically, in a public repository in the United States in accordance with the regulations established by the Plant Variety Protection Office.

LA--,~ 1 (~(!) (')O)! Signature Date

ST -470-F (07-01-2009) designed by the Plant Variety Protection Office Page 1 of 1 200600069 ,