Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.23 Page 1 of 10
`
`Exhibit A
`
`

`

`Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.24 Page 2 of 10
`US00PP20551P3
`
`US00PP20551P3
`
`(12) United States Plant Patent
`Lane
`
`ao) Patent no.:
`(45) Date of Patent:
`
`US PP20,551 P3
`Dec. 15, 2009
`
`(54) CHERRY TREE NAMED '13S2009'
`
`(50) Latin Name: Prunus avium
`Varietal Denomination: 13S2009
`
`(75)
`
`Inventor: W. David Lane, Summerland (CA)
`
`(73) Assignee: Her Majesty the Queen in right of
`Canada, as represented by the
`Minister of Agriculture and Agri-Food
`Canada, Summerland (CA)
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 763 days.
`
`(21) Appl.No.: 10/379,714
`
`(22) Filed:
`
`Mar. 6, 2003
`
`(65)
`
`Prior Publication Data
`
`US 2004/0045061 PI Mar. 4, 2004
`
`Related U.S. Application Data
`(60) Provisional application No. 60/363,547, filed on Mar. 13,
`2002.
`
`(51)
`
`Int. CI.
`A01H 5/00
`
`(52) U.S. CI.
`
`(2006.01)
`
`1
`
`(58) Field of Classification Search
`Plt./l 81
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`PUBLICATIONS
`
`UPOV hit '13S2009', UPOV-rom Plant Variety Database,
`Mar. 2003.*
`Manual of Patent Examining Procedure (MPEP) pp. 700/
`234 to 700/243. USPTO Aug. 2006.*
`
`* cited by examiner
`
`Primary Examiner—Annette H Para
`(74) Attorney, Agent, or Firm—Penny J. Aguirre
`
`(57)
`
`ABSTRACT
`
`A new and distinct variety of cherry tree named '13S2009'
`with the following characteristics.
`'13S2009' has large
`flattened-heart shaped fruit, with shiny, dark red skin and red
`to dark red flesh. The fruit has a non-prominent suture and a
`flat to slightly hollow apex. The fruit matures very late in the
`harvest season, about 27 days after 'Van' and 'Bing' and 8
`days after 'Sweetheart'. The flesh of the fruit is very firm,
`and has a moderately sweet taste. The fruit are tolerant to
`rain splitting. The stone of '13S20-09'
`is intermediate in
`lateral view, laige in size, and has strongly developed keel.
`The tree is upright to spreading, self-compatible, moderately
`vigorous and has produced good, crops annually since fruit
`ing commenced.
`
`Plt./181
`
`3 Drawing Sheets
`
`Botanical classification: Prunus avium.
`Variety denomination: '13S2009'.
`
`BACKGROUND OF THE INVENTION
`
`This invention relates to cherry trees and particularly to a
`seedling cherry tree from an open pollination selected by Dr.
`W. David Lane of the Pacific Agri-Food Research Centre
`Summerland cherry breeding program located at
`Summerland, British Columbia, Canada.
`'13S2009'
`is a
`fruiting sweet cherry tree and has a market use as a dessert
`quality cherry.
`
`10
`
`The Agriculture and Agri-Food Canada research facility at
`Summerland was established in 1914. Originally called the
`Dominion Experimental Farm at Summerland, the name was 15
`changed to the Summerland Research Station in 1959, the
`Summerland Research Centre in 1994 and to the Pacific
`Agri-Food Research Centre (PARC) Summerland in 1996.
`The tree fruit breeding program was established in 1924 to
`provide new varieties for the tree fruit industry of British 20
`Columbia, Canada, and the world. The breeding program at
`Summerland has produced several tree fruit varieties includ-
`ing 'Spartan' (unpatented),
`'Silken' (U.S. Plant Pat. No.
`10,740), and 'Creston' (U.S. Plant Pat. No. 10,739) apples
`and 'Van' (unpatented), 'Lapins' (unpatented), and 'Sweet
`heart' (unpatented) sweet cherries. The tree fruit breeders
`typically produce several thousand seedlings each year.
`
`2
`
`advantage of niche markets; 2) to improve environmental
`adaptation to major fruit growing areas, for consistent pro
`duction of high quality fruit; 3) to reduce the cost of produc
`tion. The varieties are evaluated for the following traits to
`insure that the objectives are met. Primary traits include:
`early onset of bearing, self-compatibility, extended ripening
`season, fruit size, fruit firmness, and resistance to rain-
`induced cracking. Secondary traits include: disease
`resistance, winter hardiness, resistance to spring frosts, and
`compact tree growth habit.
`Upon fruiting, the seedlings are evaluated for fruit and
`tree quality. Time of bloom, harvest indices, disease suscep
`tibility and growth habit are evaluated in the field. Promising
`seedlings are re-propagated by budding or grafting onto
`rootstocks, and planted out as second test selections in vari
`ety evaluation plots. The reproductions are evaluated for
`varietal stability, disease susceptibility, and fruit and tree
`quality. The new varieties are compared to reference variet
`ies to establish uniqueness.
`
`The present invention relates to a new and distinct variety
`of cherry tree which was named '13S2009'
`in 2000. The
`original seedling was produced in 1 982 and is the offspring
`of the seed parent 'Sweetheart' and an unknown pollen par
`ent. The variety was planted out as a seedling in 1984 and
`given the Breeders Reference Number '13S-20-09' in 1991
`25 and named "13S2009" in 2000.
`
`History of the Invention
`
`The three broad objectives of the cherry breeding program
`are: 1) to diversify the product to allow growers to take
`
`The present invention relates to a new and distinct variety
`of cherry tree which was named '13S2009'
`in 2000. The
`
`

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`US PP20,551 P3
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`3
`
`4
`
`original cross happened in 1982 and was discovered by Dr.
`W. David Lane the same year. Seeds from the variety
`'Sweetheart' were gathered at fruit maturity, isolated from
`seeds from other crosses. The seeds were subjected to the
`required moist chilling treatment (stratification) to enable
`the seeds to break dormancy in the fall of 1983. After the
`required stratification the seeds were germinated in a green
`house. The resulting seedlings were transplanted into pots
`and grown in a greenhouse in the spring of 1984. The seed
`lings were taken from the greenhouse in May 1984 and
`planted in the seedling orchards at the PARC Summerland.
`A particular seedling was planted at tree position 9 in row 20
`in a field designated 13 South. The seedling subsequently
`fruited and observations determined the fruit had unique
`qualities of possible commercial potential. The seedling was
`given the Breeders Reference Number 13S-20-09 in 1991.
`Four trees were created by T-budding vegetative buds of
`13S-20-09 onto P. avium ('Mazzard' (unpatented)) rootstock
`in August of 1990.
`'Mazzard'
`is the cherry rootstock of
`choice of most growers and nurseries in British Columbia.
`The stock creates full-sized trees but induces earlier fruiting
`with most cultivars. The resulting trees were grown in a
`nursery, then dug up in the fall of 1991 and stored in cold
`storage over winter. In the spring of 1992 the trees were
`removed from cold storage and planted in a field designated
`4C. The resulting trees were stable in their horticultural traits
`and no off-types or variants occurred during the
`re-propagation of the instant plant. To determine fertility of
`the variety, blossoms of 13S-20-09 ('13S2009') were hand
`pollinated with pollen collected from other blossoms of
`'13S2009' and/or other known self-compatible varieties.
`The blossoms were covered with bags to inhibit pollination
`by bees, fruit developed normally and it can be assumed with
`confidence that ' 13S2009' is self-compatible and pollination
`from other sources is not required. The hand pollination and
`resulting determination that the variety was self-compatible
`also determines that the variety carries the S4' (S4 prime)
`allele. Polymerase chain reaction (PCR) research has deter
`mined the variety also carries the S3 allele so the compatibil
`ity group, while self-compatible, is also S3S4'.
`
`Controlled grower trials, under test agreements, have been
`established in British Columbia, selected sites in the United
`States, and in Europe.
`
`Stability and Propagation
`
`In 1 99 1 , under the direction of Lane, T-budding of vegeta
`tive buds from the original plant of 13S-20-09 on Mazzard
`rootstock created new trees. The asexual propagation took
`place in Summerland, British Columbia, Canada. The result
`ing trees were stable and no variations occurred. Subsequent
`propagations have produced trees that are also stable, true-
`to-type and identical to the original tree in all the horticul
`tural traits.
`
`Distinguishing Characteristics
`
`the Pacific Agri-Food
`Under growing conditions at
`Research Centre (PARC) Summerland located at Summer-
`land in the Okanagan Valley of British Columbia, Canada,
`the variety '13S2009' consistently has the following charac
`teristics that distinguish it from other cherry varieties. The
`variety is self-compatible and the fruit matures, on average,
`significantly later than any other commercial cherry variety.
`This is the variety's most distinguishing characteristic. This
`very late fruit maturity extends the cherry harvest season and
`gives a distinct financial advantage to growers. The late sea-
`
`son maturity can help growers avoid the oversupply of cher
`ries on the market that can happen during the peak cherry
`harvest season. The oversupply drives the price of cherries
`down, and in turn reduces the financial return to the grower.
`'13S2009' produces fruit of very high quality, being large
`with very firm flesh and having moderately glossy, red to
`dark red skin. The color and glossiness of the skin are very
`attractive when packed in a box and the firm flesh appeals to
`consumers and buyers. The advantage to the grower of pro
`ducing '13S2009' is the lateness of fruit maturity, the visual
`appeal of the fruit, tolerance to rain-induced cracking, and
`the self-compatibility of the tree. Self-compatibility elimi
`nates the need for pollinizer varieties and reliance on insect
`pollination for fruit set. Self-compatible varieties tend to
`produce heavier crops than self-incompatible varieties, espe
`cially during years with pool pollination weather. Poor polli
`nation can be the result of cold, wet and/or windy conditions
`during the blossom period. These types of conditions restrict
`the movement of insects, most notably bees, and can result
`in low fruit set and non-profitable crops.
`
`is flattened heart-shaped and is
`The fruit of '13S2009'
`borne on long, moderately thick stems. The fruit at maturity
`has red to dark red colored skin with moderate glossiness,
`red flesh, and a sweet taste. The fruits are very large, have
`very firm flesh and are resistant to rain-induced cracking.
`The fruit has a low prominence of suture. The stone of
`' 13S2009' is laige in absolute size, although medium in size
`relative to the size of the fruit. The stone is symmetrical and
`the shape is intermediate in the lateral view, round elliptic in
`the basal view and elliptic in the frontal view. The keel
`is
`strongly developed.
`
`The leaves of ' 13S2009' have weak to medium glossiness
`on the upper side, are broad elongate in shape and have
`moderately shallow, dentate serrations on the leaf margins.
`The leaves are oriented obliquely upwards to horizontal in
`relation to the shoot and have cuspidate to acuminate tips
`and circular shaped bases. The petioles are medium in
`length, have anthocyanin coloration, and average more than
`2, purple/red, round shaped nectaries at the base.
`
`the middle of the blossom
`flowers about
`'13S2009'
`season, similar to 'Bing'. The flowers are self-compatible.
`The flowers are white,
`large in size, single in type, and
`appear in clusters. The pedicels are long and moderately
`thick. The petals are medium in size, broad elliptic to round
`in shape and free to touching.
`
`The tree of '13S2009' is of moderate vigor and hardy to
`Zone 6A. The tree habit is upright to spreading. The tree is
`precocious, and very productive, and has produced good
`crops annually since first fruiting. The one-year-old dormant
`shoots show weak anthocyanin coloration and are of
`medium diameter at the middle of the shoot. On the average
`the internodes are medium in length and average a few to a
`medium number of small
`lenticels. The buds on the one-
`year-old dormant shoots are large in size, conical in shape
`and are moderately held out in relation to the shoot. The bud
`support is medium in diameter.
`
`Parent Plants
`
`'13S2009' a seedling resulting from an open pollination
`of the flower of the seed parent 'Sweetheart' by an unknown
`pollen parent.
`
`is a result of a controlled cross of the seed
`'Sweetheart'
`parent 'Van' and the pollen parent 'Newstar' (unpatented)
`made at the Pacific Agri-Food Research Centre in 1975. The
`seedling of 'Sweetheart' tree first fruited in 1982 and contin-
`
`

`

`Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.26 Page 4 of 10
`
`US PP20,551 P3
`
`5
`
`6
`
`'Sweetheart' became
`ues to produce good crops annually.
`commercially available in the spring of 1994.
`
`Seed parent:
`Name. —' Sweetheart' .
`Species. —avium L.
`Market class. —Sweet dessert.
`Parentage. —' Van' x'Newstar' .
`Pollen parent:
`Name. —Unknown.
`Genus. —Prunus.
`Species. —avium L.
`Market class. —Unknown.
`
`SUMMARY OF THE INVENTION
`
`The new and distinct variety of Prunus avium L. fruiting
`cherry tree, '13S2009', resulted from open pollination of a
`'Sweetheart' blossom that happened in 1982 at the Pacific
`Agri-Food Research Centre in Summerland, British
`Columbia, Canada. The seed was stratified by conventional
`methods and germinated in a greenhouse, and the resulting
`seedling tree was established in a seedling block in 1984.
`The seedling tree was selected for further propagation and
`evaluation on the basis of fruit and tree quality and the very
`late timing of fruit maturity, by Dr. W David Lane and given
`the Breeder's Reference Number '13S-20-09' in 1991. The
`variety has been established in a second selection block at
`the Pacific Agri-Food Research Centre Summerland. Evalu
`ations began upon fruiting.
`
`'Sumleta'
`was compared to the reference varieties 'Van',
`(U.S. Plant Pat. No. 11,378), 'Lapins', 'Skeena' (U.S. Plant
`Pat. No. 11,392), and 'Sweetheart' of approximately the
`same age and planted in the same area. ('Van' was used as
`comparator to establish harvest timing only). Controlled
`grower trials, under test agreements, have been established
`in British Columbia, selected sites in the United States and
`Europe.
`
`'13S2009' was evaluated for fruit size, fruit firmness,
`maturity date, fruit taste (soluble solids and titratable acids),
`natural rain splits,
`tree growth habit,
`fruit shape,
`productivity, precocity and disease resistance from 1989
`until the present.
`
`Under growing conditions at the Pacific Agri-Food
`Research Centre (PARC) Summerland located at Summer-
`land in the Okanagan Valley of British Columbia, Canada,
`the variety '13S2009' consistently has the following charac
`teristics. '13S2009' matures on average 26 to 28 days after
`'Van' and 7 to 9 days after 'Sweetheart'. 'Van' fruit mature
`on average about the 8th to 10th of July in Summerland.
`Gibberellic acid was not applied to the crop. Gibberellic acid
`can delay the maturity of the fruit by up to five days.
`
`Days
`After Van
`
`Variety Name
`
`Year
`
`Van
`
`Sumleta
`
`Lapins
`
`Skeena
`
`Sweetheart
`
`13S2009
`
`1982
`
`1983
`
`1984
`
`1985
`
`1987
`
`1988
`
`1989
`
`1990
`
`1991
`
`1992
`
`1994
`
`1995
`
`0
`
`0
`
`0
`
`0
`
`0
`
`0
`
`0
`
`0
`
`0
`
`0
`
`0
`
`0
`
`-3
`
`16
`
`3
`
`0
`
`7
`
`13
`
`10
`
`-4
`
`7
`
`9
`
`4
`
`12
`
`16
`
`1
`
`12
`
`4
`
`23
`
`14
`
`14
`
`8
`
`11
`
`16
`
`7
`
`9
`
`14
`
`0
`
`21
`
`6
`
`8
`
`7
`
`11
`
`10
`
`35
`
`14
`
`15
`
`23
`
`21
`
`36
`
`29
`
`22
`
`30
`
`26
`
`The variety has been propagated, by budding onto root-
`stocks under the direction of Dr. W. David Lane. The result
`ing trees have proved to be stable with no variations occur
`ring. The variety demonstrates significant differences from
`its parents and other fruiting cherry varieties in that the fruit
`of '13S2009' matures very late in the cherry harvest season,
`is large and very firm. The skin of '13S2009' is red to dark
`red in color and of moderate glossiness with a few light
`colored highlights (dots). The flesh is dark red. The fruit is
`sweet (19.7% soluble solids) with a balance of sweet/sour
`1 .60% SSC/mg NaOH). The fruit has low susceptibility to
`rain-induced cracking (20% natural rain splits). The stone is
`symmetrical and the shape is intermediate in the lateral view,
`round elliptic in the basal view and elliptic in the frontal
`view. The keel of the stone is strongly developed.
`
`The tree habit is upright/spreading, and moderately vigor
`ous. The variety was first propagated in 1991 by budding on
`Mazzard F12/1 rootstock was established in a second selec-
`tion field at
`the Pacific Agri-Food Research Centre at
`Summerland, British Columbia, Canada in 1993. The fruit of
`' 13S2009' matures 26 to 28 days after 'Van' and 7 to 9 days
`after 'Sweetheart'. '13S2009' fruit is flattened heart shaped,
`has a slightly flattened to very slightly hollow apex, and a
`non-prominent suture.
`
`Trials and Evaluations
`
`The Pacific Agri-Food Research Centre Summerland,
`located at latitude 49.6 degrees north and longitude 119.6
`degrees west, and about 100 feet above Okanogan Lake at an
`elevation of approximately 1100 feet above sea level. The
`Plant Hardiness Zone is 6A. The average annual precipita
`tion is about 28 cm (1 1 inches). The soil types range from
`sandy loam to clay. All orchards in this area require irriga
`tion and fertilization.
`
`Test plots established at PARC Summerland consisting of
`4 trees of '13S2009' were established in 1993. The variety
`
`1996
`
`1997
`
`1998
`
`1999
`
`2000
`
`0
`
`0
`
`0
`
`0
`
`0
`
`Average
`days past Van
`
`11
`
`8
`
`14
`
`16
`
`98
`
`8
`
`6
`
`8
`
`13
`
`7
`
`151
`
`10
`
`8
`
`9
`
`14
`
`13
`
`128
`
`11
`
`32
`
`13
`
`16
`
`241
`
`19
`
`32
`
`29
`
`23
`
`27
`
`218
`
`27
`
`'Van' is harvested about the 8th to 10th of July at Summerland
`
`The variety has an average fruit weight of 1 1.4 g, similar
`to 'Lapins' (11.7 g) and 'Skeena' (11.5 g), significantly
`larger than 'Sweetheart' (10.1 g), and significantly smaller
`'Sumleta' (13.1 g).
`'Lapins',
`'Sumleta' and 'Skeena' are
`considered to have large fruit, 'Sweetheart' is considered to
`have moderately laige fruit.
`
`Average
`fruit weight
`
`Variety
`Name
`
`Year
`
`Sumleta
`
`Lapins
`
`Skeena
`
`Sweetheart
`
`13S2009
`
`1991
`
`1993
`
`1995
`
`1996
`
`1997
`
`12.9
`
`13.4
`
`13.7
`
`12.6
`
`12.2
`
`12.4
`
`12.1
`
`11.9
`
`9.8
`
`11.1
`
`12.6
`
`11.3
`
`12.1
`
`10.8
`
`9.8
`
`11.0
`
`9.9
`
`10.0
`
`10.4
`
`8.1
`
`12.2
`
`11.8
`
`11.3
`
`11.4
`
`11.3
`
`

`

`Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.27 Page 5 of 10
`
`US PP20,551 P3
`
`7
`
`-continued
`
`Variety
`Name
`
`Average
`fruit weight
`
`8
`
`-continued
`
`Variety
`Name
`
`Year
`
`Sumleta
`
`Lapins
`
`Skeena
`
`Sweetheart
`
`13S2009
`
`Year
`
`Sumleta
`
`Lapins
`
`Skeena
`
`Sweetheart
`
`13S2009
`
`1999
`
`2000
`
`Total
`Average
`
`over 7 years
`
`12.8
`
`14.4
`
`91.9
`
`13.1
`
`12.2
`
`12.0
`
`81.6
`
`11.7
`
`11.5
`
`12.5
`
`80.6
`
`11.5
`
`11.0
`
`10.1
`
`70.4
`
`10.1
`
`11.2
`
`10.8
`
`80.0
`
`11.4
`
`Titratable
`Acidity
`
`1995
`
`1996
`
`1997
`
`1999
`
`14.17
`
`15.93
`
`12.41
`
`16.4
`
`13.52
`
`13.94
`
`12.58
`
`14.8
`
`8.39
`
`12.25
`
`8.34
`
`11.3
`
`12.73
`
`12.13
`
`10.77
`
`15.4
`
`12.06
`
`11.41
`
`9.72
`
`14.5
`
`The flesh is significantly firmer than 'Lapins', slightly
`firmer than 'Sumleta', and as firm as 'Sweetheart' and
`'Skeena'. Over 5 years,
`'13S2009', 'Skeena', and 'Sweet
`heart' had a mean rating of 81 in firmness as measured by
`Shores Durometer, whereas 'Sumleta' averages 79 and 'Lap
`ins' 76. 'Sweetheart' is considered to be a very firm variety
`by commercial growers. Gibberellic acid was not applied to
`any of these test samples. In commercial plantings, gibberel
`lic acid is used to improve the firmness and delay the matu
`rity of cherry fruit.
`
`2000
`
`15.75
`
`14.15
`
`10.95
`
`13.1
`
`14.25
`
`Total
`
`Average
`SSC/TA
`Balance
`
`1995
`
`1996
`
`1997
`
`1999
`
`2000
`
`Total
`SSC/Total TA
`
`74.66
`
`68.99
`
`51.23
`
`14.932
`
`13.798
`
`10.246
`
`64.13
`
`12.826
`
`61.94
`
`12.388
`
`1.60
`
`1.12
`
`1.63
`
`1.28
`
`1.23
`
`1.55
`
`1.28
`
`1.74
`
`1.42
`
`1.24
`
`2.12
`
`1.41
`
`1.99
`
`1.73
`
`1.42
`
`1.35
`
`1.44
`
`1.69
`
`1.63
`
`1.57
`
`1.80
`
`1.42
`
`1.44
`
`1.56
`
`1.77
`
`1.72
`
`1.94
`
`1.40
`
`1.30
`
`1.59
`
`Flesh Firmness
`
`Variety
`
`name
`
`Year
`
`Sumleta
`
`Lapins
`
`Skeena
`
`Sweetheart
`
`13S2009
`
`79
`85
`80
`
`78
`83
`76
`
`82
`85
`77
`
`83
`79
`84
`
`85
`80
`83
`
`1995
`1996
`1997
`
`1999
`
`2000
`
`Total
`5 year Average
`
`76
`
`75
`
`395
`
`79
`
`72
`
`72
`
`381
`
`76
`
`80
`
`81
`
`405
`
`81
`
`79
`
`79
`
`404
`
`81
`
`76
`
`80
`
`404
`
`81
`
`The fruit of '13S2009' on average has a high soluble sol
`ids concentration (SSC) similar to 'Sumleta', 'Skeena', and
`'Sweetheart' and significantly higher than 'Lapins'.
`'13S2009' has a moderate amount of titratable acid (TA),
`similarto 'Skeena' and 'Sweetheart', significantly more than
`'Lapins' and significantly less than 'Sumleta'. The balance
`between SSC and TA in '13S2009' gives the fruit a sweet
`taste. The SSC/TA balance does reflect the sensory percep
`tion of sweetness in the fruit. For example 'Sumleta' has a
`lower ratio than the others, reflecting a more acidic taste.
`This is consistent with human perception of the taste even
`though 'Sumleta' has higher soluble solids than most other
`dark or red cherries.
`
`Variety
`
`Name
`
`Year
`
`Sumleta
`
`Lapins
`
`Skeena
`
`Sweetheart
`
`13S2009
`
`' 1 3 S2009 ' has a significantly lower tendency to crack due
`to rain than most other varieties. 'Lapins' is considered to be
`highly tolerant of rain-induced cracking. Rain-induced
`cracking is difficult to reproduce annually, as it is dependent
`on the weather during the latter part of the fruit maturation
`period. 'Sweetheart' for example is very susceptible to rain-
`induced cracking, but over a 7 year period it appears to have
`about the same resistance as 'Lapins'. However from obser
`vation and grower comments it has been established that
`'13S2009',
`'Lapins', and 'Skeena' are much less prone to
`rain-induced cracking than are 'Sweetheart' and 'Sumleta'.
`This could be a reflection of the area where the cherries are
`grown. The Okanagan Valley of British Columbia receives a
`total yearly average of about 28 cm (11 inches) of
`precipitation, with June typically receiving the most rain
`during the summer months. As the late season cherries do
`not mature until late July or after, they are past the heavy rain
`periods and are subject only to short storm periods after
`turning from straw color to red. Cherries split more after
`turning red. The same observations and comments indicate
`'13S2009'
`is more tolerant to cracking than 'Lapins' and
`'Skeen'.
`
`% Rain induced
`Cracking
`
`Variety
`Name
`
`Year
`
`1991
`
`1993
`
`1995
`
`1996
`
`Sumleta
`
`Lapins
`
`Skeena
`
`Sweetheart
`
`13S2009
`
`35
`
`55
`
`34
`
`33
`
`21
`
`44
`
`7
`
`26
`
`23
`
`18
`
`25
`
`28
`
`32
`
`20
`
`30
`
`26
`
`49
`
`48
`
`15
`
`9
`
`14
`
`27
`
`32
`
`Soluble Solids
`
`1995
`
`1996
`
`1997
`
`1999
`
`2000
`
`22.7
`
`17.9
`
`20.2
`
`21
`
`19.3
`
`20.9
`
`17.9
`
`21.9
`
`21
`
`17.6
`
`17.8
`
`17.3
`
`16.6
`
`19.6
`
`15.5
`
`20.7
`
`19.1
`
`19.4
`
`21.9
`
`18.9
`
`Total
`Average
`
`101.1
`
`99.3
`
`20.22
`
`19.86
`
`86.8
`
`17.36
`
`100
`
`20
`
`21.3
`
`19.6
`
`18.9
`
`20.3
`
`18.5
`
`98.6
`
`19.72
`
`1997
`
`1999
`
`2000
`
`Average % R.I.C.
`Total
`Average
`
`61
`
`23
`
`51
`
`291
`
`42
`
`38
`
`25
`
`22
`
`183
`
`26
`
`22
`
`15
`
`163
`
`23
`
`7
`
`24
`
`204
`
`29
`
`26
`
`16
`
`139
`
`20
`
`The tree of '13S2009' is upright to somewhat spreading
`and has moderate vigor similar to 'Sweetheart' and unlike
`
`

`

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`US PP20,551 P3
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`9
`
`10
`
`'Lapins' which is very upright and very vigorous. The tree of
`'13S2009' requires much less effort to produce a well-
`balanced tree than most commercial cultivars. The one-year-
`shoots are moderately horizontal in relation to the tree, simi
`lar to 'Sweetheart'. This branching habit is conducive to
`flower bud initiation and high fruit set and yield. The tree
`produces lateral branches readily after heading at planting.
`Dormant pruning is required to remove upright shoots for
`improved penetration of sunlight and pesticide sprays, and to
`renew fruiting wood. Other manipulations, such as hormone
`application or scoring, to encourage branching are unneces
`rd
`sary. Higher quality cherries are produced on 2"rf and 3
`year wood, therefore branch renewal is vital. ' 13S2009' pro
`duces very heavy crops annually and may require thinning
`by hand of blossoms or fruit, or by pruning off parts off
`fruiting areas of limbs to reduce the crop load and maintain
`large fruit size.
`
`'13S2009' has been propagated by budding onto Colt
`(U.S. Plant Pat. No. 4,059 expired), Mazzard (unpatented),
`Mazzard F12/1 (unpatented), Mahaleb (unpatented), and
`Gisela 5 (U.S. Plant Pat. No. 9,622) rootstocks with no
`unusual or unique occurrences that set it apart from other
`varieties. It is graft compatible with all these rootstocks pro
`vided that virus-certified propagation wood is used.
`
`Virus Status and Disease Susceptibility/Resistance
`
`Wood of '13S2009' has been virus indexed at the Centre
`for Plant Health at Sidney B.C., Canada. Virus-certified trees
`have been made and established and are being maintained at
`the okanagan Plant Improvement Company's certified bud
`wood orchard at Summerland, B.C., Canada.
`
`'13S2009' has shown neither unusual susceptibility nor
`resistance to any plant or fruit pests and/or diseases com
`pared to other cultivars.
`
`BRIEF DESCRIPTIONS OF THE DRAWINGS
`
`The accompanying photographs show various characteris
`tics of the cherry variety ' 13S2009'. The colors of the photo
`graphs are as nearly true as is possible in a color representa
`tion of this type.
`
`In FIG. 1, a typical tree is shown. The photograph shows
`the growth habit a typical tree, approximately 7 years years
`old, slightly before optimum maturity of the fruit.
`
`In FIG. 2, a typical branch at blossom is shown. The pho
`tograph displays the blossoms of '13S2009' at about full
`bloom.
`
`FIG. 3 shows a typical branch with fruit somewhat prior to
`harvest. The photograph illustrates the cluster of fruit and
`the leaves of the variety.
`
`FIG. 4 comprises view of the mature fruit of ' 13S2009' in
`large scale. The fruit is arranged to display the blossom end
`(top) and the side view (middle left) of the fruit. These views
`show the color of the fruit at maturity in the middle right the
`fruit is displayed in cross section after being cut centrally
`across the midline. The flesh color and the arrangement of
`the flesh in relation to the stone is displayed.
`
`In FIG. 5, various views of the stone are displayed of the
`fruit, after drying and the flesh is removed. The basal, lateral
`and front views are displayed as well as views of the keel.
`
`DETAILED BOTANICAL DESCRIPTION
`
`The following is a detailed description of '13S2009'. All
`trees are of approximately the same age and have Mazzard
`
`F12/1 for rootstock. The color determination is in accor
`dance with the R.H.S. Colour Chart of The Royal Horticul
`tural Society, London, England, except where general color
`terms of ordinary dictionary significance are used.
`
`Fruit end use: Dessert.
`Group: Sweet dark.
`(Observations are measurements
`Growth characteristics:
`from 6-year-old bearing trees).
`Tree vigor. —Moderate.
`Tree height. —5 meters.
`Tree width. —4 meters.
`Growth habit. —Upright to spreading.
`Branch pubescence. —Absent or very weak.
`Bearing. —Annual and regular.
`Shoot characteristics: (Observations from 10 one-year-old
`dormant shoots).
`Shoot attitude. —Slightly horizontal.
`Vegetative bud size. —Large. Mean: 7.06 mm. Range:
`1.56 mm.
`Bud support width. —Medium. Mean: 3.57 mm. Range:
`1.17 mm.
`Wood bud shape. —Conical.
`Position ofbud. —Moderately held out from the shoot.
`Number of lenticels. —Medium (71 per 12 cm from
`middle of the shoot).
`Shoot diameter {middle of internode).—Mean: 6.14
`mm. Range: 1 .43 mm.
`Internode length {middle ofshoot).—Mean: 35.02 mm.
`Range: 32.85 mm.
`Anthocyanin coloration {shoot tip).—Weak.
`Bark coloration 1st year wood. — 165A (RHS) (at
`dormant).
`Bark coloration mature branch. — 177A (RHS) (at
`dormant).
`Bark coloration trunk. — 177A (RHS) (at dormant).
`Leaf characteristics: (Measurements are the mean of 10
`leaves).
`Bud burst in relation to fullflowering. —Much earlier.
`Attitude to shoot. —Horizontal
`to slightly obliquely
`upwards.
`Leafshape. —Broad elongate.
`Angle at blade tip. —Acute to almost right angle.
`Shape ofbase. —Rounded.
`Shape ofapex. —Cuspidate to acuminate.
`Leafblade profile shape. —Slightly concave.
`Leafcolor {adaxial).—Medium green 137A (RHS).
`Leafcolor (abaxial).—137C (RHS).
`Anthocyanin upper side. —Absent.
`Anthocyanin {leafglands).— 187B (RHS).
`Glossiness. —Weak to medium.
`Margin indentation. —Dentate.
`Degree of indentation. —Shallow.
`Leaf blade length. —Mean: 176.33 mm. Range: 51.0
`
`mm.
`
`Leafblade width. —Mean: 79.8 mm. Range: 22 mm.
`Blade ratio. —Length/width: 2.11.
`Petiole length. —Mean: 39.87 mm. Range: 15 mm.
`Petiole to leafblade ratio {length).—4.47.
`Petiole anthocyanin. —71 A (RHS).
`Number ofnectaries {out of 1 0).—More than 2.
`Nectaries color. —Purple red 60A (RHS).
`Nectaries shape. —Round to reniform.
`Nectaries position. —Predominately occur alternately
`positioned located on the stem, rarely positioned
`oppositely.
`
`

`

`Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.29 Page 7 of 10
`
`US PP20,551 P3
`
`11
`
`12
`
`Flower characteristics: (Measurements are the mean of 10
`flowers).
`Bloom period. —Middle of bloom season.
`Flower appearance. —In clusters.
`Flowers per cluster. —10 to 12.
`Duration ofbloom. —7 to 10 days.
`Flowering density. —Medium.
`Flower type. —Single, perfect, complete, perigynous.
`Flower color. —White.
`Flower size {diameter of corolla).—Mean: 41.5 mm.
`Range: 7.0 mm.
`Pedicel length. —Mean: 33.3 mm. Range: 17.0 mm.
`Pedicel thickness. —Mean: 1.09 mm. Range: 0.11 mm.
`Pedicel pubescence. —Absent or very weak.
`Petal size {length).—Mean: 18.50 mm. Range: 2.0 mm.
`Petal size {width).—Mean: 15.80 mm. Range: 2.00
`
`mm.
`Petal shape. —Broad elliptic to slightly round.
`Petal position ofmargins. —Touching.
`Petal color. —White 155D (RHS).
`Anther color {at dehiscence).—Yellow/green 153B
`(RHS).
`Frequency ofsupplementary pistil. —Absent.
`Pistil presence. —Normal Pistil.
`Ovary pubescence. —Absent.
`Fruit characteristics: (Measurements are the means from a
`10-fruit sample).
`Maturity date. —Very Late (average 1st week August at
`Summerland, 27 days after 'Van' at Summerland).
`Weight {average).— 1 1 .4 g (50 fruit sample).
`Large diameter. —Mean: 29.50 mm. Range: 3.30 mm.
`Fruit length. —Mean: 25.7 mm. Range: 2.97 mm.
`Shape. —Flattened Heart.
`Profile in lateral view. —Flattened.
`Symmetry offruit. —Symetrical.
`Position oflargest diameter. —Towards the middle.
`Suture. —Low.
`
`Fruit apex. —Flat to very slightly hollow.
`Color offlesh. —Dark red 187B (RHS).
`Color ofskin.— Wine Red 187A (RHS).
`Dots on skin. —Few (medium in size).
`Glossiness. —Average.
`Firmness of flesh. —Very firm (81 by Shores
`Durometer).
`Rain induced cracking. —Low (20%).
`Fruit taste. —Sweet.
`Soluble sold concentration. —19.7% (over 5 years).
`Titratable acids (mg NaOFL).—12.4 (over 5 years).
`SSC/TA balance. — 1.59 (over 5 years).
`Juice color. —Dark red 187A (RHS).
`Fruitjuiciness. —Medium.
`Length ofstalk. —Mean: 52.13 mm. Range: 16.0 mm.
`Stalk thickness. —Mean: 1.01 mm. Range: 0.43 mm.
`Adherence offlesh to stone. —Slightly adherent.
`Stone color. —159A (RHS).
`Stone size {length).—Large. Mean: 11.5 mm. Range:
`1.97 mm.
`Stone size {dia.).—Mean: 10.47 mm. Range: 2.09 mm.
`Stone size relative to fruit. —Medium.
`Shape in lateral view. —Intermediate.
`Stone shapefront view. —Elliptic.
`Stone shape in basal view. —Round elliptic.
`Stone symmetry in lateral view. —Symmetrical.
`Stone keel development. —Strongly developed.
`Compatibility. —Self-compatible.
`Precocity ofbearing. —Intermediate to high.
`Fruit set {yield efficiency).—Very high.
`Storage. —2 weeks at 0C (slightly less than 'Bing').
`Storage. —4 weeks in Modified Atmosphere packing
`(MAP).
`It is claimed:
`1. A new and distinct variety of sweet cherry tree named
`'13S2009' substantially as herein illustrated and described.
`
`

`

`Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.30 Page 8 of 10
`
`U.S. Patent
`
`Dec. 15, 2009
`
`Sheet 1 of 3
`
`US PP20,551 P3
`
`o.
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`

`

`Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.31 Page 9 of 10
`
`U.S. Patent
`
`Dec. 15, 2009
`
`Sheet 2 of 3
`
`US PP20,551 P3
`
`iiM...,
`K"*
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`FIG. 3
`
`

`

`Case 2:20-cv-00181-SAB ECF No. 1-1 filed 05/18/20 PageID.32 Page 10 of 10
`
`U.S. Patent
`
`Dec. 15, 2009
`
`Sheet 3 of 3
`
`US PP20,551 P3
`
`I m
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`1
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`FIG 4
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`WIG. 5
`
`