200700402
No.
Cotton Seed International Proprietary Limited (ACN 06? 327 915)Bayer CropScience GmbH
Whereas, THERE HAS BEEN PRESENTED TO THE
Secretary of Agriculture
An application requesting a certificate of protection for an alleged distinct variety of sexually reproduced, or tuber propagated plant, the name and description of which are contained in the application and exhibits, a copy of which is hereunto annexed and made a part hereof, and the various requirements of LA W in such cases made and provided have been complied with, and the title thereto is, from the records of the PLANT VARIETY PROTECTION OFFICE, in the applicant(s) indicated in the said copy, and Whereas, upon due examination made, the said applicant(s) is (are) adjudged to be entitled to a certificate of plant variety protection under the LAW.
Now, therefore, this certificate of plant variety protection is to grant unto the said applicant(s) and the successors, heirs or assigns of the said applicant(s) for the term of TWENTY years from the date of this rant, subject to the payment of the required fees and periodic replenishment of viable basic seed of the icty in a public repository as provided by LAW, the right to exclude others from selling the variety, ering it for sale, or reproducing it, or importing it, or exporting it, or conditioning it for tion, or stocking it for any of the above purposes, or using it in producing a hybrid or different erefrom, to the extent provided by the PLANT VARIETY PROTECTION ACT. (84 STAT. 1542, AS 7 U.S.C. 2321 ET SEQ.)
COTTON
'FM 988LLB2'
In Testimony Whereof, I have hereunto set my hand and caused the seal of the Plant Variety Protection Office to be affixed at the City of Washington, D.C. this twenty-third day of November, in the year two thousand and nine. Attest:
Commissioner Plant Variety Protection Office Agricultural Marketing Service
REPRODUCE LOCALLY. Include form number and date on all reproductions Form Aooroved - OMB No. 0581-0055
U.S. DEPARTMENT OF AGRICULTURE The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and AGRICULTURAL MARKETING SERVICE the Paperwork Reduction Act (PRA) of 1995. SCIENCE AND TECHNOLOGY. PLANT VARIETY PROTECTION OFFICE Application is required in order to determine if a plant variety protection cerlificate is to be issued APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE (7 U.S.C. 2421). Information is held confidential until cerlificate is issued (7 U.S.C. 2426). (Instructions and information colfection burden statement on reverse)
1. NAME OF OWNER 2. TEMPORARY DESIGNATION OR 3. VARIETY NAME Joint ONners: EXPERIMENTAL NAME 1. Cotton Seed InternationalProprietaryUmited (ACN 065 327 915) FM 988LLB2 2. Bayer CropScienceGmbH El003llB2
4. ADDRESS (Street and No .• or R.FD. No., City, State, and ZIP Code. and Country) 5. TELEPHONE (include area code) FOR OFFICIAL USE ONLY
1. ShenStone 2. Industriepanr. Hochst PVPO NUMBER Culgoora Road K607 (662) 686-9235 Wee Waa, New South Wales 2388 Bruningstrasse 50 6. FAX (include area code) Australia 65926 Frankfurt am Main #2 0 0 7 Germany 0 0 4 0 2 (662) 686-5605 FILING DATE
7. IF THE OWNER NAMED IS NOT A "PERSON", GIVE FORM OF 8. IF INCORPORATED, GIVE 9. DATE OF INCORPORATION ORGANIZATION (corporation. parlnership, association. etc.) STATE OF INCORPORATION Ju'-'I 3\ I cool 10. NAME AND ADDRESS OF OWNER REPRESENTATlVE(S) TO SERVE IN THIS APPLICATION. (First person tisted will receive all papers) F FILING AND EXAMINATION FEES: E E Michael Swindle s $ Lf/~g2._0 0 Cotton Breeder R DATE 1 30 10, Bayer Cotton Seed Intemational E c CERTIFICATION FEE: 117 Kennedy Flat Road E Leland, MS 38756 I $ 7(Pf5.CTO v E DATE 0 IOJ(J~)O' 11. TELEPHONE (Include area code) 12. FAX (Include area code) 13. E.MAll (662) 686-9235 (662) 686-5605 [email protected]
14. CROP KIND (Common Name) 16. FAMilY NAME (Botanical) 18. DOES THE VARIETY CONTAIN ANY TRANSGENES? (OPTIONAL)
Upland Cotton Malvaceae [2] YES D NO
15. GENUS AND SPECIES NAME OF CROP 17. IS THE VARIETY A FIRST GENERATION HYBRID? IF SO, PLEASE GIVE THE ASSIGNED USDA-APHIS REFERENCE NUMBER FOR THE APPROVED PETITION TO DEREGULATE THE GENETICAllY MODIFIED PLANT FOR Gossypium hirsutum cs DYES IZl NO COMMERICALIZATION. No94-308.0 1p NoOO-342-01 p No02-042oo0 1p
19. CHECK APPROPRIATE BOX FOR EACH ATIACHMENT SUBMITIED 20. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE SOLD AS A CLASS (Follow instructions on reverse) OF CERTIFIED SEED? (See Section 83(a) of the Plant Variety Protection Act) a. 0 Exhibit A. Origin and Breedin9 History of the Variety 0 YES (If )'es., answer items 21 and 22 below) [2] NO (If .no •• go to item 23) 21. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO b. Exhibit B. Statement of Distinctness 0 NUMBER OF CLASSES? c. 0 ExhibitC. Objective Description of Variety 0 YES 0 NO d. Exhibit D. Additional Description of the Variety (Optional) 0 IF YES, WHICH CLASSES? D FOUNDATION D REGISTERED D CERTIFIED 22. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO e. Exhibit E. Statement of the Basis of the Ownefs Ownership 0 NUMBER OF GENERATIONS? f. [2] Voucher Sample (2.500 viable untreated seeds or, for luber propagated varieties. 0 YES NO verification that tissue culture will be deposited and maintained in an approved public 0 repository) IF YES, SPECIFY THE NUMBER 1,2,3. etc. FOR EACH CLASS. g. 0 Filing and Examination Fee ($3,652), made payable to "Treasurer of the United States" (Mail to the Plant Variety Protection Office) D FOUNDATION D REGISTERED D CERTIFIED (If additional explanation is necessary, please use the space indicated on the reverse.) 23. HAS THE VARIETY (INCLUDING ANY HARVESTED MATERIAL) OR A HYBRID PRODUCED 24. IS THE VARIETY OR ANY COMPONENT OF THE VARIETY PROTECTED BY FROM THIS VARIETY BEEN SOLD, DISPOSED OF, TRANSFERRED. OR USED IN THE U. S. OR INTEllECTUAL PROPERTY RIGHT (PLANT BREEDER'S RIGHT OR PATENT)? OTHER COUNTRIES?
0 YES 0 NO 0 YES 0 NO
IF YES, YOU MUST PROVIDE THE DATE OF FIRST SALE, DISPOSITION, TRANSFER, OR USE IF YES, PLEASE GIVE COUNTRY, DATE OF FILING OR ISSUANCE AND ASSIGNED FOR EACH COUNTRY AND THE CIRCUMSTANCES. (Please use space indicated on reverse.) REFERENCE NUMBER. (Please use space indicated on reverse.)
25. The owners dedare 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 variety 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, unfform, 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.
SIGNATURE OF OWNER
NAME (Ple.se prlnt or type) Michael Swindle
CAPACITY OR TITLE CAPACITY OR TITLE DATE Cotton Breeder Cotton Breeder
(See revet'Se for instructions and information collection burden statement)
ST .470 (04-03) designedby the PlantVarietyProtectionOffice usingWord 2002. ll:11W:J 081nr LOOl INSTRUCTIONS #200700402 GENERAL: To be effectively filed with the Plant Variety Protection Office (PVPO), ALL of the following items must be received in the PVPO: (1) Completed application form signed by the owner; (2) completed exhibits A, B, C, E; (3) for a seed reproduced variety at least 2,500 viable untreated seeds, for a hybrid variety at least 2,500 untreated seeds of each line necessary to reproduce the variety, or for tuber reproduced varieties 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; (4) check drawn on a U.S. bank for $3,652 ($432 filing fee and $3,220 examination fee), payable to "Treasurer of the United States" (See Section 97.6 of the Regulations and Rules of Practice.) Partial applications will be held in the PVPO for not more than 90 days, then returned to the applicant as unfiled. 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 check payable to "Treasurer of the United States" in the amount of $432 for issuance of the certificate. Certificates will be issued to owner, not licensee or agent. Plant Variety Protection Office Telephone: (301) 504-5518 FAX: (301) 504-5291 Homepage: http://www.ams.usda.gov/science/pvpo/pvpindex.htm
To avoid conflict with other variety names in use, the applicant must check the appropriate recognized authority and provide evidence that name has been cleared by the appropriate recognized authority before the Certificate of Protection is issued. For example, for agricultural and vegetable crops, contact: Seed Branch, AMS, USDA, 10301 Baltimore Avenue, Suite 401 NAL Building, Beltsville, MD 20705. Telephone: (301) 504-5682 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 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 foreligibi/ity 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 (P/ease provide the date of first sale, disposition, transfer, or use for each country and the circumstances, if the variety (including any haNested material) or a hybrid produced from this variety has been sold, disposed of, transferred, or used in the U.S. or other countries.) USA: 16 August 2006
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).)
See attached page (form ST470 Line 24) : Did not have enough room.
NOTES: It is the responsibility of the applicanVowner 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.)
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 OMB control number. The valid OMS control number for this information collection is 0581..0055. The time required to complete this information collection is estimated to average 1.4 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, gender, religion, age, disability, sexual orientation, marital or family status, political beliefs, parental status. or protected genetic infonnation. (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 USOA, Director, Office of Civil Rights. Room 326-W, Whilten Building. 14th and Independence Avenue, SW. Washington. DC 20250-9410 orcaIl202-72D-5964 (voice and TOO). USDA is an equal opporlunity provider and employer.
51-470 (04-03) designed by the Plant Variety Proledion OffICe using WOfd 2002 zz:"["tH\:i O£ lor LOOl #200700402
PLANT VARIETY PROTECTION APPLICATION
Attached page from Form ST470 Line 24 continued
Bar Gene: Patent Number 5561236 Patent Date 01/10/1996 Patent Number 5648477 Patent Date 15/07/1997 Patent Number 5646024 Patent Date 08/07/1997
Event LL25: Patent Number 6818807 Patent Date 16/11/2004
Events MON531, MON15985: for Bollgard II@cotton (Monsanto Corp.): Patent Numbers include. 6,489,542; 5,359,142; 5,352,605; 5,530,196; 5,322,938; 5,196,525; 5,164,316; 6,174,724; 5,880,275; 5,159,135; 5,004,863; 5,728,925; 5,717,084; 5,338,544; 5,659,122; 5,362,865
FM 989: PVP Number 9800259 PVP Date 3/03/2004
3 ll:I1Htf Of: lor OOl #200700402
PLANT VARIETY PROTECTION APPLICATION
EXHIBIT A
ORIGIN AND BREEDING HISTORY
VARIETY: FM 988LLB2 BRAND: FiberMax@
FM 988LLB2 cotton contains three, simply-inherited transgenes, event LL25, which confers resistance to Ignite@ (active ingredient glufosinate-ammonium) a post emergence herbicide sold by Bayer CropScience. The other events are MON 531, (crylac), and MON 15985, (Cry2ab). Events MON 531 and MON 15985 confer resistance to lepidopteron species. MON events were developed and licensed from Monsanto corp. USA.
A donor line (FM 989B2), containing the two Bt events (MON 531 & MON 15985) was obtained from CSIRO (Commonwealth Scientific and Industrial Research Organization) of Australia. The two Bt events were crossed into the FM 989 background by a DP 50 donor line. This B2 line was crossed with FM 981 LL/BC5F 1 (PVP#200500 136) whose recurrent parent is FM 989. The LL25 event was crossed into the FM 981 LL line by a Coker 312 donor. This cross was made inside a glasshouse located at the Bayer Cotton Seed International-Delta Research Station near Leland, MS.
Following two selfing generations in the glasshouse, seed from each plant were planted in the field as individual rows. Rows were selected in the field on the basis of Cry 1Ac and Cry2Ab expression, resistance to glufosinate-ammonium herbicide, leaf hair, disease resistance, lint percent and fiber quality. Following progeny row testing for yield, disease resistance and fiber quality, sister-lines proceeded to replicated, multiple site trials. These multiple site trials were conducted in south-east, and mid-south regions of the cotton belt for two years. At the same time small seed increases were initiated for all lines.
Five sister-lines from the south-east, and mid-south trials were selected based on performance in these regions and bulked. This bulk constitutes the finished variety FM 988LLB2.
Commercial-scale seed increases commenced, and the first commercial sales of FM 988LLB2 were made in the spring of2006.
FM 988LLB2 has been observed for five generations of reproduction. During this seed increase period the variety is stable and uniform. 100% of the plants contained the events LL25 and MON 15985. No variants were observed.
#200700402
PLANT VARIETY PROTECTION APPLICATION
EXHIBITB
NOVELTY STATEMENT
VARIETY: FM 988LLB2 BRAND: FiberMax@
FM 988LLB2 is most similar and closely resembles FM 960BR, but can be distinguished from its comparator variety FM 960BR by the following: FM 988LLB2 contains a second Bt gene (MONI5985), while FM 960BR does not; In addition, FM 988LLB2 contains the single transgene LL25, while FM 960BR does not;
FM 988LLB2 begins setting fruit a node higher than FM 960BR; FM 988LLB2 has a significantly lower lint percent (location 2 only) than FM 960BR; FM 988LLB2 has a significantly longer fiber length than FM 960BR but overall weaker fiber strength than FM 960BR; (revised Table 1).
Data were collected for distinguishing characters, yield and fiber for two years at the BCSI Research Station, Leland MS.
BCSI Research Station, Leland, MS 2005 Conditions: Planting date May 18. Trial was conducted under irrigation with conventional management. Trial was designed to measure for distinguishing characters, yield and fiber: 15 entry trial, random complete block design with 6 replications and two 14m row plots. For distinguishing characters: measurements were taken from 10 plants, from each of the 14m plots.
BCSI Research Station, Leland, MS 2006 Conditions: Planting date May 25. Trial was conducted under irrigation with conventional management. Trial was designed to measure for distinguishing characters, yield and fiber: 21 entry trial, random complete block design with 6 replications and two 14m row plots. For distinguishing characters: measurements were taken from 10 plants, from each of the 14m plots.
Analysis of variance procedures were used to obtain least significant difference at the 5% level, using Agrobase software
5 t-..:J o o c.o (J') IT1 "'0 ~ "1j 3: CJ"I.. (J'I A REPRODUCE LOCALLY.Include 10nn number and date on all reproductions. Fonn Approved OMB NO D581-oD55 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 OMB control number. The valid OMB control number for this information collection is 0581'{)055. The time required to complete this information collection is estimated to average 2.75 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the col1ection 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, gender, religion, age, disabilitY, sexual orientation, maritaf or family status, political beliefs, parental status. or protected genetic information. (Not all prohibited bases apply to all programs.) Persons with disabilities who require al/emative 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 USDA, Director, Office ofCMI Rights, Room 326-W. Wlrinen Building, 14th and fndependence Avenue, SW, Washington, DC 20250-9410 or call 202-720-5964 (voice and 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
TEMPORARY OR EXPERIMENTAL DESIGNA nON VARIETY NAME Joint Owners: 1. Cotton Seed International Proprietary limited (ACN 065 327 915) 2. Bayer CropScience GmbH E1003LLB2 FM 988LLB2
ADDRESS (Street WId No. 0' RD No., ell)'. Stale, Zip ((Hie and Countr)')
PVPONUMBER 117 Kennedy Flat Road, Leland, MS 38756 #200700402
Place the appropriate data that describes the varietal characteristics of this variety in the space provided. Characteristics described, including numerical measurements, should represent those that are typical for the variety. Data for quantitative plant characters should be based on a minimum of 100 plants. Royal Horticultural Society or any recognized color chart may be used to determine plant colors, SPECIFIC VARIETIES USED FOR COMPARISON AS CHECK VARIETIES IN THIS APPLICATION: Use standard regional check varieties that are adapted to your area. One of the comparison varieties must be the most similar variety (MSV) used in Exhibit B. MSV 1. FM 960BR Variety 2. Variety 3. _
1. SPECIES:
.K- G. hirsutum L. G, barbadense L.
2. AREA(S) OF ADAPTATION (A = Adapted, NA = Not Adapted, NT = Not Tested):
A Eastern A Delta A Central NT Blacklands
A Plains A Western NT Arizona NT San Joaquin
__ Other (Specify): _
3. GENERAL: General Plant Type
Application Variety MSV 1 Comparison Variety 2 Comparison Variety 3
Plant Habit: Spreading, Intermediate, Compact Compact Compact
Foliage: Sparse, Intermediate, Intermediate Intermediate Dense
Stem lodging: LOdging, Intermediate, Erect Erect Erect
Fruiting Branch: Short Short Clustered, Short, Normal
Growth: Determinate, Intermediate, Intermediate Indeterminate Intermediate
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# 2 0 0 7 0 0 4 0 2ExhibiIC(COtlOn) 3. GENERAL: (continued)
Application Variety MSV 1 Comparison Variety 2 Comparison Variety 3 Leaf Color: Greenish yellow, Light green, Medium Green Medium Green Medium green, Dark green
Boll Shape: Length less than width, Length equal to width, Length>Width Length>Width Length more than width
Boll Breadth: Broadest at base, Middle Broadest at middle Middle
4. MATURITY: (50% Open bolls; Preferred method; Describe method if different method was used)
Date of 50% open bolls: Sept 27 Sept 27
5. PLANT:
cm to 1st Fruiting Branch: (from cotyledonary node) 21.7 18.0
No. of Nodes to 1st Fruiting Branch: (excluding cotyledonary node) 8.2 7.2
Mature Plant Height cm: (from cotyledonary node to terminal 96.9 98.1
6. LEAF: (Upper most fully expanded leaf)
Type: Normal, Sub Okra, Okra, Super Okra Normal Normal
Pubescence: Absent, Sparse, Medium, Dense OR Trichomes/cnr (Bottom surface excluding veins_ ::;_p_a_r_se _ Sparse
Nectaries: Present or Absent _P_r_e_s_e_n_t _ Present
7. STEM PUBESCENCE:
Glabrous, Intermediate, Hairy Intermediate Intermediate
8. GLANDS: (Gossypol) Absent, Sparse, Normal, More than Normal
Leaf: Normal _N_o_r_m_a_I _
Stem: Normal Normal
Calyx Lobe: (normal is absent) AbsenUNormal AbsenUNormal
9. FLOWER:
Petals: Cream, Yellow Cream Cream
Pollen: Cream, Yellow Cream Cream
Petal Spot: Present, Absent Absent Absent
10. SEED:
Seed Index: (g/100 seeds, fuzzy basis) 11.0 11.3
Lint Index: (g linV100 seeds) 6.3 7.0
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#200700402 Exhibit C (Colton)
11. BOLL:
Lint Percent: X Picked Pulled 36.0 38.0
OR
Gin Turnout: __ Picked __ Stripped _
Number of Seeds per Boll 27.5 35.5
Grams Seed Cotton per Boll 4.8 5.8
Number of Locules per Boll 4.0 4.2
Boll Type: SR' Stormproof, Storm Resistant, Open) torm eSlst Storm Resist
12. FIBER PROPERTIES:
Specify Method (HVI or Other): _HVI _
Length: (inches. 2.5% SL) 1.21 1.13
Uniformity (%): 84.7 83.1
Strength, T1 (g/tex) 32.3 34.4
Elongation, E1 (%) 7.8 8.1
Micronaire: 4.7 4.8
Fineness (Source _
Yarn Tenacity: (cN/tex, 27 tex) _
Yarn Strength: (Ibs. 22's)
13. DISEASES: (0 = Not Tested, 1 = Susceptible, 2 = Moderately Susceptible, 3 = Moderately Resistant, 4 = Resistant)
_0__ Altemaria macrosporaO 2 Fusarium Wilt
o Anthracnose 0 Phymatotrichum Root Rot
_0__ Ascochyta Blight 0 Pythium (specify species)
_0__ Bacterial Blight (Race 1) 0 Rhizoctonia so/ani
_0__ Bacterial Blight (Race 2) 0 Southwestern Cotton Rust
_0__ Bacterial Blight (Race ----.J 0 Thielayiopsis basicola
_0__ Diplodia Boll Rot 0 Verticillium Wilt
___ Other (Specify) _
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#200700402 Exhibit C (Cotton)
14. NEMATODES, INSECTS AND PESTS: (1 = Not Tested. 2 = Susceptible, 3 = Moderately Susceptible, 4 = Moderately Resistant, 5 = Resistant)
~ Root-Knot Nematode 1 a Reniform Nematode
~BoliWeevil 1 II Grasshopper (specify species): _
Bollwonn 1 II Lygus (specify species): _
~ Cotton Aphid 1 II Pink Bollworm
~ Cotton Fleahopper 1 II Spider Mite (specify species): _
~ Cotton Leafworm II Stink Bug (specify species): _
~ Cutworm (specify species): 1 a Thrips (specify species): _
~ Fall Annyworm 1 II Tobacco Bud Worm
___ Other (Specify)
15. COMMENTS: Present any additional information that cannot adequately be described in 1 through 13. which significantly distinguished your variety.
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PLANT VARIETY PROTECTION APPLICATION
VARIETY: FM 988LLB2 BRAND: FiberMax@
1) Differences between FM 988LLB2 and FM 1735LLB2 a. Both have very different recurrent parents: FM 988LLB2 conventional parent is E983055-33-13230. E95007-0724 is the parent ofFM 1735LLB2. b. From Table I (FM 1735LLB2 and Table 2 FM 988 LLB2 same year and location) of both PVP applications: The green boll size length and width is greater in the FM 988LLB2 line than the FM 1735LLB2 line. The measure of CMFB, NFB, and HT are all significantly higher in the FM 988LLB2 line than the FM 1735LLB2. From Table 3 (FM 1735LLB2 and Table 4 FM 988 LLB2 same year and location) of both PVP applications: FM 988LLB2 has a significantly higher fiber length, length uniformity, and micronaire than the FM 1735LLB2. Whereas the FM 1735LLB2 has a significantly higher lint percent and fiber strength than FM FM 988LLB2.
2) Differences between FM 988LLB2 and FM 955LLB2
a. Both have very different recurrent parents: FM 988LLB2 conventional parent is E983055-33-13230. E0052 is the parent of FM 955LLB2. b. From Table 2 of both PVP applications (same year and location): FM 988LLB2 has a shorter green boll length but a greater boll width than FM 955LLB2. FM 988LLB2 has greater CMFB and NFB but shorter plant height than FM 955LLB2. In Table 4 the 2 lines have similar fiber properties but in Table 8, FM 988LLB2 has the fiber advantage when comparing the 2 lines over locations, the FM 988LLB2 has a lower micronaire and greater fiber strength.
/0
Trial No Cultivar Rep No. CMFB Lint Per LEN STREN Trial 2 V1 1 19.6 35.5 1.24 32.4 2006 2 17.5 34.9 1.20 31.3 Leland,MS average 18.5 35.2 1.22 31.9
V2 1 17.9 37.3 1.14 33.1 2 18.2 38.3 1.12 34.8 average 18.0 37.8 1.13 34.0
V3 1 15.0 40.6 1.11 28.5 2 14.0 38.9 1.12 26.7 average 14.5 39.7 1.12 27.6
V4 1 19.6 34.9 1.21 30.0 2 19.5 36.2 1.24 30.4 average 19.6 35.6 1.23 30.2
Range of variation among means of statistically significant differences at the 95% level using the confidense interval @ =mean+/- CV V1 18.5 to 22.6 35.2 to 36.9 1.19 to 1.22 31.6 to 31.9 CV V2 18.0 to 18.1 37.8 to 38.2 1.13 34.0 to 35.9 CVV3 14.1 to 14.5 36.5 to 39.7 1.12 to 1.13 27.6 to 33.5 CV V4 19.6 to 21.1 35.6 to 35.8 1.23 29.2 to 30.2
a measurement of distance between 1st cotyledonary node to 1st fruiting branch (in centimeters). b gram weight of ginned lint divided by total gram weight of seed cotton sample c length of cotton fibers Ll \-t M. ~ N 1~:'f\'{) d strength of cotton fibers ~ \ +ex.. I o CJ..\\\9 \~~ o '-l o o ..I="- -- o N
PLANT VARIETY PROTECTION APPLICATION
TABLE 1. Evaluation of FM 988LLB2 (V1) and the most similar cultivar FM 960BR (V2) for several important characteristics. Two other lines for comparisonants FM 1735LLB2 (V3) and FM 955LLB2 (V4).
Trial No Cultivar Rep No. CMFB Lint Per LEN STREN Trial 1 V1 1 23.0 36.9 1.18 31.7 2005 2 22.1 36.9 1.20 31.4 Leland,MS average 22.6 36.9 1.19 31.6
V2 1 17.0 38.2 1.14 36.1 2 19.3 38.1 1.12 35.7 average 18.1 38.2 1.13 35.9
V3 1 13.5 36.4 1.12 34.0 2 14.6 36.6 1.13 32.9 average 14.1 36.5 1.13 33.5
V4 1 21.1 35.4 1.22 29.6 2 21.2 36.1 1.24 28.8 average 21.1 35.8 1.23 29.2
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PLANT VARIETY PROTECTION APPLICATION
APPENDIX A
SOURCE OF DATA AND STATISTICAL ANALYSIS FOR EXHIBIT B AND EXHIBIT C
Descriptions of general characteristics, and of leaf, stem, gland and flower characteristics, along with plant description information (height and nodes to first fruiting branch, and final mature plant height) were collected from 10 plants in each of 6 replications. The field trial was designed specifically for these measurements in 2005 and 2006 at the Bayer Cotton Seed International-Delta Research Station, Leland, MS (Tables 1 & 2). Soil type at this location is a Boskett very-fine, sandy-loam. Other data obtained from these plots were lint yield per acre, lint percent and fiber properties. Results of statistical analyses are found in Tables 3 & 4.
Internal data were collected for lint yield per acre (3-replications) from four locations (Alamo, TN; Clarksdale, MS; Leland, MS; Tallulah, LA) in 2005, and five locations (Wilson, AR; Tunica, MS; Clarksdale, MS; Leland, MS; Tallulah, LA) in 2006, (Tables 5 & 6). In addition, fiber data from these locations can be found in Tables 7 & 8. Supplementary morphological data were taken as visual ratings regarding strain uniformity, plant height, disease reaction, visual maturity, plant type, boll type, boll size, leaf pubescence, stalk lodging, agronomic appeal, and leaf type only at Leland, MS, for two years, 2005-06 (Tables 9 & 10). A key for the rating can be found in Table 11.
Information on reaction to Fusarium wilt disease was obtained from the Auburn University 2006 National Cotton Fusarium Wilt Report (Table 12).
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TABLE 1. PLANT MEASURMENT ANALYSIS PVP INTERNAL TRIAL -LELAND, MS 2005
BOLL LEN BOLL WID CMFB NFB HT FB1 PED LOCKS BOLL ST LEN ENTRY NAME (mm) (mm) (em) (em) (em) (em) (mm) (number) (mm) FM 988LLB2 1.92 1.33 23.14 8.63 113.80 10.83 2.23 4.00 2.00 FM 960BR 1.91 1.36 19.56 7.93 115.90 8.83 2.50 4.10 3.70 GRAND MEAN 1.94 1.36 19.52 7.89 111.09 9.94 2.51 4.34 3.29 C.V.,% 3.53 3.24 12.64 4.73 5.29 14.93 10.49 3.11 9.91 LSD (0.05) 0.13 0.08 4.65 0.70 11.06 2.79 0.50 0.25 0.61
TABLE 2. PLANT MEASURMENT ANALYSIS PVP INTERNAL TRIAL -LELAND, MS 2006
BOLL LEN BOLL WID CMFB NFB HT FB1 PED LOCKS BOLL ST LEN ENTRY NAME (mm) (mm) (em) (em) (em) (em) (mm) (number) (mm) FM 988LLB2 1.71 1.21 20.26 7.83 80.10 7.42 1.63 4.10 1.90 FM 960BR 1.72 1.27 16.42 6.50 80.40 6.85 1.73 4.20 4.20 =I:t::: GRAND MEAN 1.74 1.24 17.52 6.95 84.40 7.08 1.83 4.26 3.39 N C.V.,% 3.34 3.23 13.00 8.14 6.32 13.61 7.83 4.60 16.85 o LSD (0.05) 0.10 0.07 3.76 0.93 8.80 1.59 0.24 0.32 0.94 C) •••••• C) C) ~ ~ -{:::. C) N J 7 •... PLANT VARIETY PROTECTION APPLICATION
TABLE 3. YIELD AND FIBER TRAITS FROM PVP TRIAL-LELAND, MS 2005
Len~th Len. Unit Strength Elongation Entry Name Lint % LBS LINT/ACRE (in) (%) (g/tex) (%) Micronaire FM 988LLB2 0.37 872 1.19 84.5 32.6 8.0 4.7 FM 960BR 0.38 934 1.12 83.1 34.9 8.2 4.8 Mean 0.37 843 1.18 84.5 32.5 8.1 4.6 C.V.,% 4.31 9 2.08 0.8 4.7 2.7 4.5 LSD (0.05) 0.03 148 0.05 1.2 2.9 0.4 0.4
TABLE 4. YIELD AND FIBER TRAITS FROM PVP TRIAL-LELAND, MS 2006
Length Len. Unit StrenQth Elongation Entry Name Lint % LBS LINT/ACRE (in) (%) (g/tex) (%) Micronaire FM 988LLB2 0.35 837 1.22 84.8 31.9 7.6 4.8 FM 960BR 0.38 933 1.13 83.0 34.0 8.0 4.7 Mean 0.37 910 1.18 83.7 32.1 7.8 4.8 C.V.,% 2.04 15 2.13 1.0 3.3 2.5 2.7 LSD (0.05) 0.02 221 0.05 1.8 2.2 0.4 0.3
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TABLE 5. 2005 TRANSGENIC COMMERCIAL VARIETY TRIAL - HERBICIDE TOLERANT - BCSI DRS (MS DELTA)
YIELD DATA ACROSS ALL LOCATIONS
lBS LINT/ACRE ENTRY NAME MEAN % LINT MEAN lOCS MS leland MS Clarksdale lA Tallulah TN Alamo FM 988LLB2 35.9 978 874 699 1072 1269 FM 960BR 37.7 995 970 743 1170 1096 GRAND MEAN 38.5 1044 1003 818 1242 1114 C.V.,% 2.3 12.1 9.0 12.0 7.0 11.1 LSD (0.05) 0.6 85 124 132 126 169
TABLE 6. 2006 TRANSGENIC COMMERCIAL VARIETY TRIAL - HERBICIDE TOLERANT - BCSI DRS (MS DELTA)
YIELD DATA ACROSS ALL LOCATIONS
lBS LINT/ACRE ENTRY NAME MEAN % LINT MEAN lOCS MS leland ARWilson MS Clarksdale MS Tunica lA Tallulah FM 988LLB2 36.7 1002 916 1077 921 669 1427 FM 960BR 37.9 978 993 902 819 595 1583 GRAND MEAN 38.4 936 1073 919 953 698 1035 C.V.,% 5.38 22.1 8.3 11.6 10.3 13.5 7.1 LSD (0.05) 0.02 183 190 227 209 201 158 ~ N o o '-J o o ..I:'- --. o 6' N
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PLANT VARIETY PROTECTION APPLICATION
TABLE 7. 2005 TRANSGENIC COMMERCIAL VARIETY TRIAL - HERBICIDE TOLERANT - BCSI DRS (MS DELTA)
FIBER DATA ACROSS ALL LOCATIONS
MEAN HVI FIBER QUALITY BOLL SIZE LEN UNIF STREN ELONG ENTRY NAME (g) (in) (%) (g/tex) (%) MIC FM 988LLB2 5.4 1.18 83.1 32.42 7.8 4.5 FM 960BR 5.7 1.14 83.8 34.2 8.2 4.7 GRAND MEAN 5.2 1.17 84.4 31.8 8.2 4.6 C.V.,% 14.4 1.7 0.8 4.1 2.5 4.4 LSD (0.05) 0.4 0.02 0.5 1.0 0.2 0.2
TABLE 8. 2006 TRANSGENIC COMMERCIAL VARIETY TRIAL - HERBICIDE TOLERANT - BCSI DRS (MS DELTA)
FIBER DATA ACROSS ALL LOCATIONS
MEAN HVI FIBER QUALITY BOLL SIZE LEN UNIF STREN ELONG ENTRY NAME (g) (in) (%) (g/tex) (%) MIC FM 988LLB2 5.2 1.20 83.5 32.3 7.8 4.8 FM 960BR 5.5 1.15 83.4 34.4 8.2 4.8 GRAND MEAN 5.2 1.19 83.4 31.0 8.4 4.6 C.V.,% 11.9 3.3 1.5 3.7 6.4 9.9 LSD (0.05) 0.7 0.05 1.4 1.3 0.6 0.5 ~ N o o ••••••• o o "'-- J::'- "-J o N LO PLANT VARIETY PROTECTION APPLICATION
TABLE 9. 2005 TRANSGENIC COMMERCIAL VARIETY TRIAL - HERBICIDE TOLERANT - BCSI DRS (MS DELTA)
MORPHOLOGICAL DATA-LELAND, MS 2005
ENTRY NAME STR UNIF PLT HT DIS RXN MAT PCT PLT TYPE BOLL TYPE VBOLL SIZE LEAF PUB STLK LOG AGRAPP LEAF TYPE FM 988LLB2 1 5 1 67.1 5 5 5 8 1 5 Normal FM 960BR 1 6 1 66.7 6 6 6 7 1 5 Normal
TABLE 10. 2006 TRANSGENIC COMMERCIAL VARIETY TRIAL - HERBICIDE TOLERANT - BCSI DRS (MS DELTA)
MORPHOLOGICAL DATA-LELAND, MS 2006
ENTRY NAME STR UNIF PLT HT DIS RXN MAT PCT PLT TYPE BOLL TYPE VBOLL SIZE LEAF PUB STLK LOG AGRAPP LEAF TYPE FM 988LLB2 1 5 1 57.7 5 5 5 8 1 5 Normal FM 960BR 1 6 1 57.2 6 6 6 7 1 5 Normal
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TABLE 11. VISUAL FIELD RATINGS KEY
Strain Uniformity 1=uniform 5=slightly variable 9=highly variable Plant Height 1=short 5=normal (check) 9=rank Disease Reaction 1=no symptoms 5=some symptoms 9=severe Maturity (PERCENT OPEN)* 10%= late 50%=mid 90%=very early Plant Type 1=c1uster 5=intermediate 9=open Boll Type 1=Ioose 5=intermediate 9=storm proof Boll Size 1=small 5=intermediate 9=large Leaf Pubescence 1=pubescent 5=semi-smooth 9=glabrous Stalk Lodging 1=upright 5=slightly lodged 9=severely lodged Agronomic Appeal 1=poor 5=avg. 9=excellent Leaf Type 1=hirsute 2=okra 3=mixed * Taken @ 130 days after planting
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PUBLISHED DATA
TABLE 12. 2006 Fusarium Wilt Test, Plant Breeding Unit, EVSRC, Tallassee, AL.
Percent wilted plants Plot No. Line Designation Variety rep 1 rep 2 rep 3 rep 4 Avg. P-value 2606 BCSI-MS-6 FM 988LLB2 6 11 9 14 10 0.121 Suceptible Check Rowden 90 77 100 66 84 <0.001 Resistant Check M-315 4 0 5 0 2
=J:t::: N o o ••••••• o o ,J::oo. o ~ N T-~ . .~ REPRODUCE lOCAllY. Include form number and edition date on all reproductions. 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 EXHIBIT E 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 Joi nt Owners: 1. Cotton Seed International Proprietary Limi ted
lAC N 065 )27 915) 2. Bayer CropScience GmbH ElO03LLB2 FM 988LLB2
4. ADDRESS (Street and No .• or R.F.D. No .• City, State, and ZIP, and Country) 5. TELEPHONE (tncluda area code) 6. FAX (Include area code) . ShenStone 2. Industriepark Hochst (662) 686-9235 (662) 686-5605 Culgoora Road K 607 Wee Waa, New South Wales 2388 Bruningstrasse 50 7. PVPO NUMBER Australia 65926 Frankfurt am Main Germany #2 0 0 7 0 04 0 2 8. Does the applicant own all rights to the variety? Mark an "X" in the appropriate block. If no, please explain. IIZl YES o NO As part of ajoint venture company. FM 988LLB2, is an essentially derived variety of FM 989.
9. Is the applicant (individual or company) a U.S. national or a U.S. based company? If no, give name of country. D YES 1. Australia 2. Germany
If no, please answer one of the following: 10. Is the applicant the original owner? [Z] YES
a. If the original rights to variety were owned by individual(s), is (are) the original owner(s) a U.S. National(s)? DYES 0 NO If no, give name of country I. Australia 2. Germany
b. If the original rights to variety were owned by a company(ies), is (are) the original owner(s) a U.S. based company? DYES [0 NO If no, give name of country I. Australia 2. Germany
11. Additional explanation on ownership (Trace ownership from original breeder to current owner. Use the reverse for extra space if needed):
FM 988LLB2 was developed soley by the faculty of Bayer Cotton Seed International, 117 Kennedy Flat Road, Leland, MS 38756. The oringinal variety, FM 989, was developed solely by CSIRO of Australia. The joint owners retains all commercial rights and privileges of the oringinal and all derived varieties.
PLEASE NOTE:
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 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 O. 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) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age. disability, sexual orientation, marital or family status, political beliefs, parental status, or protected genetic information. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille. larga print. audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TOO).
To file a complaint of discrimination. write USDA, Director, Office of Civil Rights. Room 326-W, Whitten Building, 14th and Independenca Avenue, SW. Washington. D.C. 20250-9410 or call (202) 720-5964 (voice and TOO). USDA is an equal opportunity provida and amployer.
ST-470-E (04-03) designed by the Plant Variety Protection Office using Word 2000 ~I
RSPROOUCE LOCALLY.lnol form number and dale on all reproductions. Ferm~rov.d OMS NO OfiRl.o055 AGcordl119 to the paperwork udORedl/Clion Ac: Of 1995. all agoncy may not conduct 0' span",,', and a p~rson is nol required to ",sponel :0 a oollec/lon of Inrormalicn unioss II displays n valid aMp. cOl1trol number TIIP.v~lIcl OMS controt numbe,ro, this Information coMetion IS 0581-0055. The lime required to completo Ihls Inform.tion collaolion is aslImoten 10 Avnrag~ 5 minut~.' per response, ;l1oludlng 'hO fim~ fa, ,~vleW;l1q ins/mollons.
searc/ling oKisling nata sourcos, 9otheong and maintaining the data needed, and complaling ~nd r~vlnwlng ",e col/nctlon of Inform~tion. The 11.S. Derenment of Agnculll/re (USDA) prell/bils discnm/na/ion in all Its programs al1(} Aclivlties ol1/M /lasls of race, color, mtiona! ooglo, genaor, re/iglon, age, disability, sexual Mionooont.'lnn, m~rII~1 or family st~fus, political bellor.~, pamnt~1 stalus, or pmtacted genetie/nformafion. (Not all p",/lit/tod basos apply 10 all programs.) Pemons witl, dl.<.hil/ties WllO require AlIorn~tivo means forr.omm,mlo of program Informa/ion e (Braiffo. large print, audlolape, a/o.) should con/aei USDA's TARGET CanW at 202-720-2600 (vole and TOD). To file a complalnl of discrimination, write USDA, Dlmctor, Offioe of Civil RIghts, Room 326.W, Whitton Build/oq, 14th aod Independence lIvenue, SW, w~sliington, DC 20250-9410 or c~1I202-720-5964 (voIce ROd TOO).
USDA Is an equAl opponlJ/lily provider and employer. ------._------U.S. DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE SCIENCE AND TECHNOLOGY PLANT VARIETY PROTECTION OFFICE BELTSVILLE, MD 20705
EXHIBIT F DECLARATION REGAR~ING DEPOSIT TF.MPORARY ()Q r-XPF.R!MENTAL DESIGNATION ADORESS (Stron! .nd No, 0" RD Nn., City, Stalo, and Zip COde and Country) NAf/.E OF OWNER (Sl 1. ShonSlone . 2. 'Indllsliinp.ri< HO""'1 E\003LLB2 ,.._------_._--- eulgoor. Road K GO? JolntOwnr.~: s1rltS 1, Cnltol\ SMrt In'r.:rM:~onl\lPrnflrltM.r" I.\mltco (ACN OS'!>:;\27 915) WM Wna, Nnw Soulh W,~le!l 2388 81llnlng :;o 50 AuS1rBll~ 6592& Frankfurt am MAin 7.. S;"jyor CmpSr.iMtl(! Gmhti Gorrn,"my
-::~;:~~~N~:-;;-~~~-----:~(~~~RD No., City, $:., .lld-~;COr/C and Country)
\ PVPO NUMBER Mlc.hael Swmdlc 117lZ cnne(y'I FI at:RoaeI Leland, MS 38756 # 2 0 0 7 0 0 4JLL ---_._------_.- ~ -----_ .._----_._-_._--_ ..•_--_.-----
I d~ I,ere.by declare ~hat during the I!fe of the certificate a viable sample of propagating material of the subject vanety Wilt be. depOSited, ~nd replen\~hed as needed periodically, in a public repository in tI,e United States in accordance With the regulations established by the Plant Variety protection Office.
Date
P:lg~ . ST .•.nO-F (0.1.0:\) dc~lqnr.d hy the P1Rnl Vnricty Prot~r.tlon Office u~i"g Mlr.rof;.oft Word 2002.