Ex parte KISHORE et al. - Page 30




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



                    46.  A method for selectively controlling weeds in a field                                                                                            
                    containing a crop having planted crop seeds or plants comprising                                                                                      
                    the steps of:                                                                                                                                         
                    planting said crop seeds or plants which are glyphosate                                                                                               
                    tolerant as a result of containing a gene encoding a glyphosate-                                                                                      
                    tolerant EPSP synthase enzyme which contains the amino acid                                                                                           
                    sequence -L-G-N-A-A-T-A- between positions 80 and 120 in the                                                                                          
                    mature EPSP synthase sequence, and a second amino acid sequence                                                                                       
                    -A-L-L-M-X -A-P-L-T-, where X  is either alanine, serine or1                                1                                                                                                
                    threonine, and where said second amino acid sequence is located                                                                                       
                    between positions 170 and 210 in the mature EPSP synthase                                                                                             
                    sequence; and                                                                                                                                         
                    applying to said crop and weeds in said field a sufficient                                                                                            
                    amount of glyphosate to control said weeds without significantly                                                                                      
                    affecting said crop.                                                                                                                                  
                    47.  The method of Claim 46 wherein said gene encoding a                                                                                              
                    glyphosate-tolerant EPSP synthase enzyme is from a plant source.                                                                                      
                    48.  The method for producing a gene of Claim 1 which                                                                                                 
                    comprises making the indicated codon substitutions in a EPSP                                                                                          
                    synthase gene encoding a protein of Figure 1.                                                                                                         
















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