Ex parte KISHORE et al. - Page 27




                    Appeal No. 93-2460                                                                                                                                    
                    Application No. 07/590,647                                                                                                                            



                    where X  is either alanine, serine or threonine, where said                                                                                           
                                  1                                                                                                                                       
                    second amino acid sequence is located between positions 170 and                                                                                       
                    210 in the EPSP synthase gene.                                                                                                                        
                    5.  The gene of Claim 4 encoding a protein as shown in                                                                                                
                    Figure 1 but which protein contains the first and second amino                                                                                        
                    acid sequences.                                                                                                                                       
                    6.  A gene encoding a glyphosate-tolerant EPSP synthase                                                                                               
                    produced by the method of Claim 1 wherein the EPSP synthase gene                                                                                      
                    in which the codon substitutions are made is selected from the                                                                                        
                    group of EPSP synthase consisting of petunia, tomato, maize,                                                                                          
                    Arabidopsis thaliana, soybean, Brassica napus, E. coli K-12, and                                                                                      
                    Salmonella typhimurium proteins as shown in Figure 1.                                                                                                 
                    7.  A plant gene encoding a glyphosate-tolerant EPSP                                                                                                  
                    synthase enzyme of Claim 4.                                                                                                                           
                    8.  A plant transformation vector comprising a gene which                                                                                             
                    encodes a glyphosate-tolerant 5-enolpyruvyl-3-phosphoshikimate                                                                                        
                    (EPSP) synthase having a first amino acid sequence:                                                                                                   
                                                                      -L-G-N-A-A-T-A-                                                                                     
                    located between positions 80 and 120 of the mature EPSP synthase                                                                                      
                    sequence and a second amino acid sequence                                                                                                             
                                                                   -A-L-L-M-X -P-L-T-                                                                                     
                                                                                       1                                                                                  
                    wherein X  is either alanine, serine or threonine, where said                                                                                         
                                      1                                                                                                                                   
                    second amino acid sequence is located between positions 170 and                                                                                       
                    210 in the mature EPSP synthase sequence.                                                                                                             
                    9.  A vector of Claim 8 containing a glyphosate-tolerant                                                                                              
                    plant EPSP synthase.                                                                                                                                  
                    10.  A vector of Claim 8 containing a glyphosate-tolerant                                                                                             
                    bacterial EPSP synthase.                                                                                                                              
                    11.  A transformed plant cell containing a gene of Claim 7.                                                                                           


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