throbber

`
` No.
`
`
`
`
`
`
`
`
`
`
`
`
`
` 202200416
`
`Pioneer Hi-Bred International, Inc.
`
`Whereas, THERE HAS BEEN PRESENTED TO THE
`Administrator of the Agricultural Marketing Service
`
`An application requesting a certificate of protection for an alleged novel variety of sexually reproduced,
`asexually 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 law 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
`grant, subject to the payment of the required fees and periodic replenishment of viable germplasm material
`of the variety in a public repository as provided by law, the right to exclude others from selling the variety,
`or offering it for sale, or reproducing it, or importing it, or exporting it, or conditioning it for propagation,
`or stocking it for any of the above purposes, or using it in producing a hybrid or different variety there
`from, to the extent provided by the PLANT VARIETY PROTECTION ACT. (84 STAT. 1542, AS
`AMENDED, 7 U.S.C. 2321 ET SEQ.)
`
`CORN, FIELD
`
`‘PH47K2’
`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
`fifteenth day of
`December, in the year two thousand twenty
`three.
`
`
`
`Attest:
`
`Commissioner
`Plant Variety Protection Office
`Agricultural Marketing Service
`
`Administrator
`Agricultural Marketing Service
`
`Inari Exhibit 1010
`Inari v. Pioneer
`
`

`

`U.S. Department of Agriculture
`Agricultural Marketing Service, Science & Technology Program
`Plant Variety Protection Office
`
`US Plant Variety Protection Report
`Corn Variety 'PH47K2' PV Number: 202200416
`Owner Representative / Agent
`Owner / Applicant / Organization
`PVP Coordinator Pioneer/Corteva/Agrigenetics
`Pioneer Hi-Bred International, Inc.
`7100 NW 62nd Avenue
`7100 NW 62nd Street
`PO Box 1000
`PO Box 1000
`Johnston, IA 50131
`Johnston, IA 50131
`United States
`United States
`Tel:
`Tel: (515) 535-4900
`Fax:
`Fax: (515) 535-2440
`Email:
`Email: pvp@corteva.com
`
`Experimental Name:
`
`Variety Name:
`Crop Kind:
`Filing Date :
`
`PH47K2
`PH47K2
`
`Corn
`06/30/2022
`
`ST470 Main
`
`Application Status:
`
`Application Pending and
`Examiner Received
`Application Status Code:
`AP
`
`1. Genus and Species name of crop
`Zea mays L.
`2. Family name (Botanical)
`Gramineae
`3.Is the variety a first generation hybrid?
`No
`4. Does the variety contain any Transgenes?
`No
`
`5. Does the owner specify that seed of this variety be sold only as a class of certified seed?
`(see section 83(a) of the plant variety protection act)
`No
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 1 of 19
`
`

`

`US Plant Variety Protection Report
`6. Has the variety (including any harvested material) or a hybrid produced from this variety been sold, disposed
`of, transferred, or used in the U.S. or other countries?
`Yes
`Date of first sale, disposition, transfer, or use for each country and the circumstances:
`A hybrid produced from this inbred variety has not been offered for sale prior to November 1, 2021.
`7. Is the variety or any component of the variety protected by intellectual property right?
`(plant breeder's right or patent)
`Yes
`Country, date of filing or issuance and assigned reference number:
`U.S. Patent Application date: June 14th, 2019 - Serial No. 16/441152
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 2 of 19
`
`

`

`US Plant Variety Protection Report
`
`Exhibit A - Origin and Breeding History
`
`1. Genealogy (back to and including public and commercial varieties, lines, or clones used) and the breeding
`method(s).
`PH47K2 is an elite corn inbred line originated from a cross between inbred line PH1D84 (PVP Certificate No.
`201200313) and inbred line PH12K5 (PVP Certificate No. 200900475). The cross took place in New Holland,
`Pennsylvania in 2009. From this cross, ears were selected based on genetic analysis predicting disease, insect, and
`agronomic performance. Varieties PH1D84 and PH12K5 are proprietary inbred lines of Pioneer Hi-Bred International,
`Inc.
`2. Give the details of subsequent stages of selection and multiplication.
`PH47K2 was developed by producing a doubled haploid from the F1 plants, selfing and using pedigree selection
`amongst the D1 lines, and selfing and bulking from the subsequent generations. Final developmental selections were
`made approximately the 5th genereation in 2014 when the inred line was determined to be uniform and stable.
`3. Is the variety uniform?
`Yes
`How did you test for uniformity?
`Field trials were grown and observed for uniformity and stability over a minimum of 5 generations, with one or
`more environments in each generation. Genetic purity testing was used in the purification process.
`4. Is the variety stable?
`Yes
`How did you test for stability? Over how many generations?
`Field trials were grown and observed for uniformity and stability over a minimum of 5 generations, with one or
`more environments in each generation. Genetic purity testing was used in the purification process.
`5. Are genetic variants observed or expected during reproduction and multiplication?
`No
`
`File Name
`
`Last Modified On
`
`Exhibit A Attached Files List
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 3 of 19
`
`

`

`US Plant Variety Protection Report
`
`Exhibit B - Statement of Distinctness
`
`1. Based on overall morphology. Applicant’s new variety
`PH1D84 ,
`is most similar to Comparison Variety
`
`PH47K2
`
`,
`
`2. Application Variety Traits
`Variety PH47K2 differs from comparison variety PH1D84 (PVP application no. 201200313) where variety PH47K2 has
`a pale yellow anther color, light red silk color and a slight ear taper, whereas PH1D84 has a pink anther color, light
`green silk color and a average ear taper.
`3. Comparison Variety1 Additional Comments?
`
`4. Comparison Variety2 Additional Comments?
`
`5. Comparison Variety3 Additional Comments
`
`File Name
`
`Last Modified On
`
`Exhibit B Attached Files List
`
`Application Number: 202200415
`Report Generated On: 10/5/2022 5:34:42 PM
`
`Page 4 of 19
`
`

`

`US Plant Variety Protection Report
`
`Exhibit C
`
`Corn
`
`A . Type
`1 . Type
`Dent
`
`B . Region Where Developed
`1 . Region Where Developed
`
`C . Maturity
`1 . From Emergence to 50% of Plants in Silk
`Days from Emergence to 50% of Plants in Silk
`51
`Heat Units from Emergence to 50% of Plants in Silk
`1299
`2 . From Emergence to 50% of Plants in Pollen
`Days from Emergence to 50% of Plants in Pollen
`52
`Heat Units from Emergence to 50% of Plants in Pollen
`1325
`3 . From 10% to 90% Pollen Shed
`Days from 10% to 90% Pollen Shed
`3
`Heat Units from 10% to 90% Pollen Shed
`102.5
`4 . From 50% Silk to Optimum Edible Quality
`Days From 50% Silk to Optimum Edible Quality
`
`Heat Units From 50% Silk to Optimum Edible Quality
`
`5 . From 50% Silk to Harvest at 25% Moisture
`Days From 50% Silk to Harvest at 25% Moisture
`
`Heat Units From 50% Silk to Harvest at 25% Moisture
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 5 of 19
`
`

`

`US Plant Variety Protection Report
`
`D . Plant
`1 . Plant Height (cm)
`207
`2 . Ear Height (cm)
`75.1
`3 . Length of Top Ear Internode (cm)
`16.7
`
`4 . Average Number of Tillers
`0
`
`5 . Average Number of Ears Per Stalk
`
`6 . Anthocyanin of Brace Roots
`Faint
`
`E . Leaf
`1 . Width of Ear Node Leaf
`Width of Ear Node Leaf (cm)
`9.3
`2 . Length of Ear Node Leaf
`Length of Ear Node Leaf
`83.9
`3 . Number of Leaves Above Top Ear
`Number of Leaves Above Top Ear
`5.9
`4 . Leaf Color
`4.a. Leaf Color
`Very Dark Green
`4.b. Leaf Munsell Code
`5GY3/4
`5 . Leaf Sheath Pubescence Rated on Scale from 1 = None to 9 = Like Peach Fuzz
`4
`6 . Marginal Waves Rated on Scale from 1 = None to 9 = Many
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 6 of 19
`
`

`

`US Plant Variety Protection Report
`7 . Longitudinal Creases Rated on Scale from 1 = None to 9 = Many
`
`F . Tassel
`1 . Number of Primary Lateral Branches
`Number of Primary Lateral Branches
`1.5
`2 . Branch Angle from Central Spike
`Branch Angle from Central Spike
`38.9
`3 . Tassel Length From Top Leaf Collar to Tassel Tip
`Tassel Length from Top Leaf Collar to Tassel Tip (cm)
`56.5
`4 . Tassel Peduncle Length (cm)
`21.3
`5 . Tassel Central Spike Length (cm)
`30.9
`6 . Branch Attitude from Central Spike
`
`7 . Pollen Shed (Rate on Scale From 0 = Male Sterile to 9 = Heavy Shed)
`7
`8 . Anther Color
`8.a. Anther Color
`Other
`8.b. Anther Color Munsell Code
`10YR7/6
`9 . Glume Color
`9.a. Glume Color
`Other
`9.b. Glume Color Munsell Code
`2.5R4/8
`10 . Bar Glumes (Glume Bands)
`Absent
`11 . Bar Glume Anthocyanin Color
`11.a. Bar Glume Anthocyanin Color
`
`11.b. Bar Glume Anthocyanin Color Munsell Code
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 7 of 19
`
`

`

`US Plant Variety Protection Report
`
`G . Ear (Unhusked)
`1 . Silk Color Three Days After Emergence
`1.a. Silk Color Three days after Emergence
`Other
`1.b. Munsell Code for Silk Color
`10RP5/8
`2 . Fresh Husk Color (25 Days after 50% Silking)
`2.a. Fresh Husk Color 25 Days after 50% Silking
`Light Green
`2.b. Munsell Code for Fresh Husk Color
`5GY7/6
`3 . Dry Husk Color (65 Days after 50% Silking)
`3.a. Dry Husk Color (65 Days after 50% Silking)
`Tan
`3.b. Munsell Code for Dry Husk Color
`10YR8/4
`4 . Position of Ear at Dry Husk Stage
`Upright
`5 . Husk Tightness Rated on Scale from 1 = Very Loose to 9 = Very Tight
`7
`6 . Husk Extension at Harvest
`Medium (<8 cm)
`H . Ear (Husked)
`1 . Ear Length (cm)
`Ear Length (cm)
`17
`2 . Ear Diameter at Mid-Point (mm)
`Ear Diameter at Mid-Point (mm)
`36.1
`3 . Ear Weight (g)
`Ear Weight (g)
`107.8
`4 . Ear Shape
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 8 of 19
`
`

`

`US Plant Variety Protection Report
`
`5 . Number of Kernel Rows
`Number of Kernel Rows
`14
`6 . Number of Kernels per Row
`25.4
`7 . Kernel Rows
`Distinct
`8 . Row Alignment
`Straight
`
`9 . Shank Length (cm)
`8.9
`
`10 . Ear Taper
`Slight
`I . Kernel (Dried)
`1 . Kernel Length
`Kernel Length (mm)
`
`2 . Kernel Width
`Kernel Width (mm)
`
`3 . Kernel Thickness
`Kernel Thickness (mm)
`
`4 . Aleurone Color Uniformity
`4.a. Aleurone Color Uniformity
`Homozygous
`4.b. Aleurone Color Pattern Description
`
`5 . Aleurone Color
`Clear
`Aleurone Color Munsell Code
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 9 of 19
`
`

`

`US Plant Variety Protection Report
`
`6 . Hard Endosperm Color
`Yellow Orange
`Hard Endosperm Color Munsell Code
`7.5YR7/14
`
`7 . Endosperm Type
`Normal Starch
`
`J . Cob
`1 . Cob Diameter at Mid-Point (mm)
`20.3
`
`2 . Cob Color
`White
`Cob Color Munsell Code
`5Y9/1
`
`K . Disease Resistance
`I. Leaf Blights, Wilts, and Local Infection Diseases
`1 . Anthracnose Leaf Blight (Colletotrichum graminicola)
`
`2 . Common Rust (Puccinia sorghi)
`
`3 . Common Smut (Ustilago maydis)
`
`4 . Eyespot (Kabatiella zeae)
`
`5 . Goss’s Wilt (Clavibacter michiganense spp. nebraskense)
`
`Race
`
`6 . Gray Leaf Spot (Cercospora zeae-maydis)
`
`Race
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 10 of 19
`
`

`

`US Plant Variety Protection Report
`7 . Helminthosporium Leaf Spot (Bipolaris zeicola)
`
`Race
`
`8 . Northern Leaf Blight (Exserohilum turcicum)
`
`Race
`
`9 . Southern Leaf Blight (Bipolaris maydis)
`
`Race
`
`10 . Southern Rust (Puccinia polysora)
`
`11 . Stewart’s Wilt (Erwinia stewartii)
`
`12 . Other Blights
`
`Specify
`
`II. Systemic Diseases
`1 . Lethal Necrosis (MCMV and MDMV)
`
`2 . Head Smut (Sphacelotheca reiliana)
`
`3 . Maize Chlorotic Dwarf Virus (MCDV)
`
`4 . Maize Chlorotic Mottle Virus (MCMV)
`
`5 . Maize Dwarf Mosaic Virus (MDMV)
`
`Strain
`
`6 . Sorghum Downy Mildew of Corn (Peronosclerospora sorghi)
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 11 of 19
`
`

`

`US Plant Variety Protection Report
`
`7 . Other Systemic Diseases
`
`Other Systemic Diseases - Specify
`
`III. Stalk Rots
`1 . Anthracnose Stalk Rot (Colletotrichum graminicola)
`
`2 . Diplodia Stalk Rot (Stenocarpella maydis)
`
`3 . Fusarium Stalk Rot (Fusarium moniliforme)
`
`4 . Gibberella Stalk Rot (Gibberella zeae)
`
`5 . Other Stalk Rot Diseases
`
`Other Stalk Rots - Specify
`
`IV. Ear and Kernel Rots
`1 . Aspergillus Ear and Kernel Rot (Aspergillus flavus)
`
`2 . Diplodia Ear Rot (Stenocarpella maydis)
`
`3 . Fusarium Ear and Kernel Rot (Fusarium moniliforme)
`
`4 . Gibberella Ear Rot (Gibberella zeae)
`
`5 . Other Ear and Kernel Rot Diseases
`
`Other Ear and Kernel Rots - Specify
`
`L . Insect Resistance
`1 . Banks Grass Mite (Oligonychus pratensis)
`
`I. Corn Earworm (Helicoverpa zea)
`1 . Leaf Feeding
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 12 of 19
`
`

`

`US Plant Variety Protection Report
`
`2 . Silk Feeding
`2.a. Silk Feeding Larval Weight
`
`2.b. Silk Feeding Standard Deviation
`
`2.c. Silk Feeding Sample Size
`
`2.d. Silk Feeding Larval Weight (mg)
`
`3 . Ear Damage
`
`4 . Leaf Aphid (Rhopalosiphum maidis)
`
`5 . Sap Beetle (Carpophilus dimidiatus)
`
`II. European Corn Borer (Ostrinia nubilalis)
`1 . First Generation Typically Whorl Leaf Feeding
`
`2 . Second Generation Typically Leaf Sheath Collar Feeding
`
`3 . Stalk Tunneling (cm) Tunneled Per Plant
`
`III. Fall Armyworm (Spodoptera frugiperda)
`1 . Leaf Feeding Fall Armyworm (Spodoptera frugiperda)
`
`2 . Silk Feeding Fall Armyworm (Spodoptera frugiperda)
`2.a. Fall Armyworm (Spodoptera frugiperda) Silk Feeding Larval Weight
`
`2.b. Fall Armyworm (Spodoptera frugiperda) Silk Feeding
`
`2.c. Fall Armyworm (Spodoptera frugiperda) Silk Feeding Standard Deviation
`
`2.d. Fall Armyworm (Spodoptera frugiperda) Silk Feeding Sample Size
`
`3 . Maize Weevil (Sitophilus zeamaize)
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 13 of 19
`
`

`

`US Plant Variety Protection Report
`
`4 . Northern Rootworm (Diabrotica barberi)
`
`5 . Southern Rootworm (Diabrotica undecimpunctata)
`
`IV. Southwestern Corn Borer (Diatraea grandiosella)
`1 . Leaf Feeding
`
`2 . Stalk Tunneling
`2.a. Stalk Tunneling Amount Tunneled/Plant (cm)
`
`2.b. Stalk Tunneling Standard Deviation
`
`2.c. Stalk Tunneling Sample Size
`
`3 . Two-Spotted Spider Mite (Tetranychus urticae)
`
`4 . Western Rootworm (Diabrotica virgifera virgifera)
`
`5 . Other Insects
`5.a. Other Insects
`
`5.b. Other Insects (Specify)
`
`M . Agronomic Traits
`1 . Stay Green (at 65 days after anthesis)( Rate on a scale of 1 = worst to 9 = excellent)
`
`2 . Percent Dropped Ears (at 65 days after anthesis)
`
`3 . Percent Pre-anthesis Brittle Snapping
`
`4 . Percent Pre-anthesis Root Lodging
`
`5 . Percent Post-anthesis Root Lodging (at 65 days after anthesis)
`
`6 . Kg/ha Yield of Inbred Per Se (at 12-13% Grain Moisture)
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 14 of 19
`
`

`

`US Plant Variety Protection Report
`
`N . Molecular Markers
`1 . Isozyme
`
`2 . RFLP
`
`3 . RAPD
`
`4 . SSR
`
`5 . SNP
`
`6 . Other Molecular Markers
`Other Molecular Markers (Specify)
`
`I. Characteristics of Isozyme Polymorphism
`1 . Acp1
`
`2 . Acp4
`
`3 . Adh1
`
`4 . Dia1
`
`5 . Dia2
`
`6 . Idh1
`
`7 . Idh2
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 15 of 19
`
`

`

`US Plant Variety Protection Report
`
`8 . Mdh1
`
`9 . Mdh2
`
`10 . Mdh3
`
`11 . Mmm
`
`12 . Mdh4
`
`13 . Mdh5
`
`14 . Mdh6
`
`15 . Pgd1
`
`16 . Pgd2
`
`17 . Pgi1
`
`18 . Pgm1
`
`19 . Pgm2
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 16 of 19
`
`

`

`US Plant Variety Protection Report
`
`20 . Phi1
`
`O . Comments
`1 . Comments
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 17 of 19
`
`

`

`US Plant Variety Protection Report
`
`Exhibit D - Additional Descriptive Information
`
`Additional descriptive question / text:
`
`Additional descriptive answer / information in detail:
`
`File Name
`
`Last Modified On
`
`Exhibit D Attached Files List
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 18 of 19
`
`

`

`US Plant Variety Protection Report
`
`Exhibit E - Statement of the Basis of Ownership
`
`1. Does the applicant own all rights to the variety?
`Yes
`2. Is the applicant a U.S. national or a U.S. based entity?
`Yes
`3. Is the applicant the original owner?
`Yes
`
`4. Additional explanation on ownership (Trace ownership from original breeder to current owner):
`
`PLEASE NOTE:
`
`Plant variety protection can only be afforded to the owners (not licensees) who meet the following criteria:
`
`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.
`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.
`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.
`
`Application Number: 202200416
`Report Generated On: 10/5/2022 5:35:22 PM
`
`Page 19 of 19
`
`

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