201500214 REPRODUCE LOCALLY. Include form number and date on all reproductions Form Approved - 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 certificate is to be issued APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE (7 U.S.C. 2421). Information is held confidential until certificate is issued (7 U.S.C. 2426). (Instructions and information collection burden statement on reverse) 1. NAME OF OWNER 2. TEMPORARY DESIGNATION OR EXPERIMENTAL NAME 3. VARIETY NAME 4. ADDRESS (Street and No., or R.F.D. No., City, State, and ZIP Code, and Country) 5. TELEPHONE (include area code) FOR OFFICIAL USE ONLY PVPO NUMBER 6. FAX (include area code) 201500214 FILING DATE 7. IF THE OWNER NAMED IS NOT A "PERSON", GIVE FORM OF 8. IF INCORPORATED, GIVE STATE OF 9. DATE OF INCORPORATION ORGANIZATION (corporation, partnership, association, etc.) INCORPORATION February 6, 2015 Unofficial Copy 10. NAME AND ADDRESS OF OWNER REPRESENTATIVE(S) TO SERVE IN THIS 11. TELEPHONE (Include area code) F FILING AND EXAMINATION FEES: APPLICATION. (First person listed will receive all papers) E $ E 4382.00 S DATE 2/6/2015 R 12. FAX (Include area code) E CERTIFICATION FEE: $ C‘ D DATE 13. E-MAIL 14. CROP KIND (Common Name) 15. GENUS AND SPECIES NAME OF CROP 16. FAMILY NAME (Botanical) 17. IS THE VARIETY A FIRST GENERATION HYBRID? 18. DOES THE VARIETY CONTAIN ANY TRANSGENES? (OPTIONAL) 20. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE SOLD ONLY AS A CLASS OF CERTIFIED □ YES □ NO □ YES □ NO SEED? (See Section 83(a) of the Plant Variety Protection Act) IF YES, PLEASE GIVE THE ASSIGNED USDA-APHIS REFERENCE NUMBER FOR THE APPROVED PETITION TO DEREGULATE THE □ YES (If "yes", answer items 21 and 22 below) GENETICALLY MODIFIED PLANT FOR COMMERCIALIZATION. □ NO (If "no", go to item 23) □ UNDECIDED 19. CHECK APPROPRIATE BOX FOR EACH ATTACHMENT SUBMITTED 21. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO (Follow instructions on reverse) NUMBER OF CLASSES? a. □ Exhibit A. Origin and Breeding History of the Variety □ YES □ NO b. □ Exhibit B. Statement of Distinctness IF YES, WHICH CLASSES? □ FOUNDATION □ REGISTERED □ CERTIFIED 22. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO NUMBER c. Exhibit C. Objective Description of Variety □ OF GENERATIONS? d. □ Exhibit D. Additional Description of the Variety (Optional) □ YES □ NO IF YES, SPECIFY THE NUMBER 1,2,3, etc. FOR EACH CLASS. e. □ Exhibit E. Statement of the Basis of the Owner's Ownership ____ FOUNDATION ____ REGISTERED ____ CERTIFIED f. □ Filing and Examination Fee ($4,382), make checks payable to "Treasurer of the United States" (Mail to the Plant Variety Protection Office) other methods of payment explained in the instructions (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 INTELLECTUAL FROM THIS VARIETY BEEN SOLD, DISPOSED OF, TRANSFERRED, OR USED IN THE U. S. OR PROPERTY RIGHT (PLANT BREEDER'S RIGHT OR PATENT)? OTHER COUNTRIES? □ YES □ NO □ YES □ NO IF YES, YOU MUST PROVIDE THE DATE OF FIRST SALE, DISPOSITION, TRANSFER, OR USE FOR IF YES, PLEASE GIVE COUNTRY, DATE OF FILING OR ISSUANCE AND ASSIGNED EACH COUNTRY AND THE CIRCUMSTANCES. (Please use space indicated on reverse.) REFERENCE NUMBER. (Please use space indicated on reverse.) 25. The owners declare that a viable sample of basic seed will be furnished directly to an acceptable depository in support of the variety within three months of filing. Seed will be replenished upon request in accordance with such regulations as may be applicable. For a tuber propagated variety or vegetative propagated parent of the variety, a tissue culture or vegetative sample will be deposited in a public repository within three months of the date of the certificate fee request letter. These will be maintained for the duration of the certificate.” The undersigned owner(s) is (are) the owner(s) 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. SIGNATURE OF OWNER SIGNATURE OF OWNER NAME (Please print or type) NAME (Please print or type) CAPACITY OR TITLE DATE CAPACITY OR TITLE DATE ST - 470 (2012) designed by the Plant Variety Protection Office Page 6 of 10 201500214 Continuation Page from ST – 470 (Application for Plant Variety Protection Certificate) 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.) Unofficial Copy 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).) ST - 470 (2012) designed by the Plant Variety Protection Office Page 7 of 10 201500214 FOR OFFICIAL USE ONLY U.S. DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE PVPO NUMBER SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE EXHIBIT A – ORIGIN AND BREEDING HISTORY ** Use additional pages as needed. 1. Name of Owner 2. Temporary Designation or Experimental Name 3. Variety Name 4. Describe the genealogy (back to and including public and commercial varieties, lines, or clones used) and the breeding method(s). ** Unofficial Copy 5. Give the details of subsequent stages of selection and multiplication. ** Year Detail of Stage Selection Criteria 6. Is the variety uniform? ____Yes _____No How did you test for uniformity? 7. Is the variety stable? _____ Yes _____ No How did you test for stability? Over how many generations? 8. Are genetic variants observed or expected during reproduction and multiplication? _____ Yes _____ No If yes, state how these variants may be identified, their type and frequency. ST - 470 (2012) designed by the Plant Variety Protection Office Page 8 of 10 201500214 EXHIBIT A Breeding History of the Zinnia marylandica Variety ‘PAS951086’ The zinnia species Zinnia marylandica is an amphidiploid produced by colchicine-induced doubling of sterile interspecific hybrids of Zinnia angustifolia and Zinnia elegans [see, for example, ‘Spooner, D.M., D.P. Stimart and T.H. Boyle. 1991. Zinnia marylandica (Asteraceae; Heliantheae), a new disease-resistant ornamental hybrid. Brittonia 43:7-10’]. Table 1. Breeding history. Unofficial Copy Year Description of events* Zinnia angustifolia variety ‘Classic Yellow’ was pollinated with Zinnia elegans variety ‘Starlight Salmon’ (W. Atlee Burpee Co.). Sterile plants of the interspecific 1983 F1 hybrid were treated with colchicine to produce fertile Zinnia marylandica seed. through Fertile seeds were sown and single plant selections were taken from two different 1986 progeny from that cross for 3 generations each to produce Zinnia marylandica lines Rose #918 and 5Z550. Selection criteria through 1990 are unknown as the W. Atlee Burpee Company owned and operated the breeding program during this time. 1986 Line Rose #918 and line 5Z550 were crossed to each other. Single plant selections through were taken among progeny of this cross for 4 generations to produce Zinnia 1990 marylandica line 7B13. 1991 The zinnia breeding program was inactive. All seed was cold stored during this through period. 1999 Seed of line ZB13 was taken from cold storage and renamed ZM00205. Single plant selections for large, yellow flowers and compact plants were taken for 5 further generations to produce Zinnia marylandica inbred ZM00205-1-1-1-1-2. Zinnia marylandica variety ‘Pinwheel Yellow’ (Ball Horticultural Company) was 2000 pollinated with Zinnia marylandica variety ‘Profusion White’ (PVP 9800350, through Sakata Seed Corporation) to produce hybrid 00762. Single plant selections for large, 2004 yellow flowers and compact plants were taken among progeny of this cross for 4 generations to yield inbred 00762-2-2-1-1. In 2004 Zinnia marylandica inbred ZM00205-1-1-1-1-2 was pollinated with Zinnia marylandica inbred 00762-2-2-1-1 to produce hybrid ZM01833. 2005 Progeny of hybrid 01833 were subjected to 5 generations of single plant selection through for large, yellow flowers and compact plants. 2009 F seed was sown. Pollen was collected from 4 plants, mixed, and used to fertilize 2010 5 the same 4 plants to produce variety ‘PAS951086’. * In all crosses described in this table the female is named first. After the initial production of breeder’s seed in 2010 as shown in table 1 above, variety ‘PAS951086’ was reproduced by open pollination in 2011 and 2012. It was also viewed in multiple trials from 2011 through 2013 using seed produced in 2010, 2011, and 2012. Variety ‘PAS951086’ was judged to have uniformly large, yellow flowers, and a uniform habit. It was 1 201500214 judged to be uniform and stable for all characteristics (e.g. flower size, flower color, plant habit) across these 3 generations in 11 separate field trials. It yields and germinates well. Table 2. Seed increases. Year Type of increase Size of increase 2010 Breeder’s seed 4 plants 2011 Foundation seed increase in pots 141 plants Unofficial Copy 2012 Stock seed increase in field 12418 plants Table 3.