SymPatKuo.doc

Transcription

1 (International Convention for the Protection of New Varieties of Plants) (UPOV Union Internationale pour la Protection Des Obtentions Végétales) 1991 (WTO) 1994 (TRIPs Trade Related Aspects of Intellectual Property Rights) WTO 1 2 A-1

2 UPOV Diamond v. Chakarabarty (447 US 303) 1985 Ex parte Hibbred et al AG Supply, Inc. v. Pioneer Hi-Bred International, Inc. (Plant patent) (Utility patent) (PVPA Plant Variety Protection Act) TRIPs 27.3(b) 5 TRIPs 6 WTO TRIPs Anything under the sun that is made by man could be patented. 4 Henson-Apollonio, V Patent protection for plant material. In: WIPO-UPOV Symposium on the Co-existence of Patents and Plant Breeders Rights in the Promotion of Biotechnological Developments. 5 WTO 1999 Review of the provisions of article 27.3(b). Communication from the United States. IP/C/W/162 6 WTO 2001 Review of the provisions of article 27.3(b). Communication from Switzerland. IP/C/W/284 A-2

3 Orchid plant: Golden King 8 20 ( ) 7 7 Evenson, D.D Patent and other private legal rights for biotechnology inventions (intellectual property rights-ipr). In V. Santaniello, R.E. Evenson, D. Zilberman and G.A. Carlson, eds. (2000) Agriculture And Intellectual Property Rights: Economic, Institutional and Implementation Issues in Biotechnology. New York: CABI Publishing. Pp PP4,715 A-3

4 (PVPA) UPOV 1991 PVPA ( ) PVPA PVPA PVPA PVPA PVPA Asgrow Seed Company v. Winterboer (1991) 9 Winterboer PVPA 1994 PVPA 113 PVPA A-4

5 10 Janis and Kesan (1994) 14 ( 92 ) (1997) 10 (1997) 9 (1999 ) (1997) UPOV Janis and Kesan UPOV Straus 11 McManis Janis and Kesan 10 UPOV Breeders' exemption McManis, C.R Are there TRIPs-compliant measures for a balanced co-existence of patents and plant breeders rights? Some lessons from the United States of America s experience to date. In: WIPO-UPOV Symposium on the Co-existence of Patents and Plant Breeders Rights in the Promotion of Biotechnological Developments Straus, J Measures necessary for the balanced co-existence of patents and plant breeders' rights. A predominantly European view. In: WIPO-UPOV Symposium on the Co-existence of Patents and Plant Breeders Rights in the Promotion of Biotechnological Developments. A-5

6 Janis and Kesan PVPA UPOV 2001 PVPA 42 1 (Plant Variety Protection Office) ( ) 2001 PVPA 510 ( UPOV 526 ) % 41 8% PVPA McManis PVPA ( ) ( ) A-6

7 A-7

8 % PVPA PVPA ( ) McManis Janis and Kesan PVPA 10 PVPA Janis and Kesan % ( ) ( ) ( ) ( ) A-8

9 (Mandevilla amabilis) Rita Marie Green Monrovia Nursery Company (6,300,547 PP11,787) PVPA PVPA PVPA PH8V0 (PVPA / Patent-6,313,382) PH0B3 (PVPA / Patent- 6,333,451) (claim) (specification) (independent claim) (dependent claim) ,320,104 A-9

10 (comprises comprising) 16 (plasmid) (vector) 1 4,594,810 1 HBAl F1 4, 5,157,208 1 DK RZ ( ) NCIMB ( ) RZ NCIMB including having wherein.. comprise comprising A-10

11 6,180, ( ) UPOV1991 4,351, ( ) 3 4,569,152 9 LBN 5,107, (gibberellin) PVPA A-11

12 -- 6,180,857 ( ) 6,180,857 33P66 PVPA 1 PVPA 1 2~6 PVPA 1.) ) 7 11 PVPA PVPA PVPA PVPA RFLP A-12

13 6,180,857 33P66 A-13

14 P66 33P ,194,642 ( ) ( ) ( ) ( ) 21 22~ ( 13 18) ( 14 19) ( 15 20) 11 ( PVPA ) UPOV91 A-14

15 PVPA A-15

16 ( ) ( 2) -- 6,177,619 ( ) ( ) 1~ ( ) 11 13~ A-16

17 -- 5,663,484 ( ) (Basmati) 18~ Basmati (acetyl pyrroline) ppb lbs chalk index A-17

18 -- 4,801,540 5,107,065 6,329,574 4,801,540 5,107,065 Calgene FlavrSavr 14 1~ ,107,065 1~ ( 14) ( 15) ( 16) ( 29) 19 4,801, ,329,574 (lysine) (amino acid) (insect resistant) Claim 14. A tomato plant cell comprising a DNA construct according to any of claims 8 to Claim 13. A plant cell wherein expression of a gene indigenous to said cell is inhibited according to the method of claim 1 or Claim 30. A plant and progeny thereof derived from a cell having inhibited or reduced expression of a gene indigenous to said cell and produced according to the method of any one of claims 1, 9, 27 or 29, wherein said cell is a dicotyledenous cell. A-18

19 1 20 PVPA ( 20 Claim 1. A fertile transgenic Zea mays plant comprising isolated DNA comprising a tissue-specific promoter operably linked to a first non-plant DNA sequence encoding a dihydrodipicolinic acid synthase (DHDPS) which DHDPS is substantially resistant to feedback inhibition by endogenously produced free L-lysine and wherein said DNA further comprises a second sequence attached to the 5' terminus of the DHDPS encoding sequence which encodes a plant DHDPS chloroplast transit peptide (CTP) which localizes the DHDPS in the chloroplasts of the cells of said plant, wherein said DNA is expressed so that the transgenic Zea mays plant exhibits an increased level of lysine in its seed over a plant which does not comprise said DNA, and wherein said DNA is heritable. 21 Claim 8. A fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine, and contains a high level of an essential amino acid. C9. A fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine, and the transgenic plant is insect resistant. C10. A fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine, plant is insect resistant, the level of the amino acid in said transgenic plant is increased. C31. A Zea mays seed obtained from a fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine. C32. A Zea mays seed obtained from a fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine, level of the amino acid in said seed is increased. C33. A Zea mays seed obtained from a fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine, the transgenic plant is insect resistant. C34. A Zea mays seed obtained from a fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine, the transgenic plant is insect resistant, level of the amino acid in said seed is increased. C35. Food or feed produced from a Zea mays seed obtained from a fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine. C36. Food or feed produced from a Zea mays seed obtained from a fertile transgenic Zea mays plant comprising DNA sequence an increased level of lysine, level of the amino A-19

20 1 1 ) PVPA PVPA PVPA 2001 PVPA PVPA UPOV 1991 acid in said seed is increased. C37. Food or feed produced from a Zea mays seed obtained from a fertile transgenic Zea mays comprising DNA sequence increased level of lysine, the plant is insect resistant. C38. Food or feed produced from a Zea mays seed obtained from a fertile transgenic Zea mays plant comprising DNA sequence increased level of lysine, the plant is insect resistant, level of the amino acid in said seed is increased. A-20

21 22 TRIPs 27-3(b) 1991 UPOV B A A B 1991 UPOV ( ) A-21

22 ( 6,180, ) 5,663, Due part of anything under the sun that is made by man could be IP-protected 23 Jördens, R Legal and technological developments leading to this symposium: UPOV s perspective. In: WIPO-UPOV Symposium on the Co-existence of Patents and Plant Breeders Rights in the Promotion of Biotechnological Developments. A-22

23 -- 6,180,857 What is claimed is: 1. Hybrid maize seed designated 33P66, representative seed of said hybrid 33P66 having been deposited under ATCC accession number PTA A maize plant, or its parts, produced by the seed of claim Pollen of the plant of claim An ovule of the plant of claim A tissue culture of regenerable cells of a hybrid maize plant 33P66, representative seed of said hybrid maize plant 33P66 having been deposited under ATCC accession number, wherein the tissue regenerates plants capable of expressing all the morphological and physiological characteristics of said hybrid maize plant 33P A tissue culture according to claim 5, the cells or protoplasts being from a tissue selected from the group consisting of leaves, pollen, embryos, roots, root tips, anthers, silks, flowers, kernels, ears, cobs, husks, and stalks. 7. A maize plant, or its parts, regenerated from the tissue culture of claim 5 and capable of expressing all the morphological and physiological characteristics of hybrid maize plant 33P66, representative seed having been deposited under ATCC accession number. 8. A hybrid maize plant according to claim 2, wherein the genetic material of said plant contains one or more transgenes. 9. A hybrid maize plant according to claim 2, wherein the genetic material of said plant contains one or more genes transferred by backcrossing. 10. A maize plant, or its parts wherein at least one ancestor of said maize plant is the maize plant, or its parts of claim 9, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 11. A maize plant, or its parts, having all the morphological and physiological characteristics of the plant of claim A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 11, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, accept able Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. A-23

24 13. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: using the maize plant, or its parts, of claim 2 as a source of said breeding material. 14. The maize plant breeding program of claim 13 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 15. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: using the maize plant, or its parts, of claim 8 as a source of said breeding material. 16. The maize plant breeding program of claim 15 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 17. The maize plant of claim 11 where in said maize plant is male sterile. 18. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: obtaining the maize plant, or its parts, of claim 9 as a source of said breeding material. 19. The maize plant breeding program of claim 18 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 20. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 8, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 21. A hybrid maize plant according to claim 11, wherein the genetic material of said plant contains one or more transgenes. 22. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 21, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. A-24

25 23. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: obtaining the maize plant, or its parts, of claim 21 as a source of said breeding material. 24. The maize plant breeding program of claim 23 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 25. A hybrid maize plant according to claim 11, wherein the genetic material of said plant contains one or more genes transferred by backcrossing. 26. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 25, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 27. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: obtaining the maize plant, or its parts, of claim 25 as a source of said breeding material. 28. The maize plant breeding program of claim 27 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 29. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 11, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 30. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: obtaining the maize plant, or its parts, of claim 11 as a source of said breeding material. 31. The maize plant breeding program of claim 30 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. A-25

26 -- 6,194,642 What is claimed is: 1. Hybrid maize seed designated 33P66, representative seed of said hybrid 33P66 having been deposited under ATCC accession number PTA A maize plant, or its parts, produced by the seed of claim Pollen of the plant of claim An ovule of the plant of claim A tissue culture of regenerable cells of a hybrid maize plant 33P66, representative seed of said hybrid maize plant 33P66 having been deposited under ATCC accession number, wherein the tissue regenerates plants capable of expressing all the morphological and physiological characteristics of said hybrid maize plant 33P A tissue culture according to claim 5, the cells or protoplasts being from a tissue selected from the group consisting of leaves, pollen, embryos, roots, root tips, anthers, silks, flowers, kernels, ears, cobs, husks, and stalks. 7. A maize plant, or its parts, regenerated from the tissue culture of claim 5 and capable of expressing all the morphological and physiological characteristics of hybrid maize plant 33P66, representative seed having been deposited under ATCC accession number. 8. A hybrid maize plant according to claim 2, wherein the genetic material of said plant contains one or more transgenes. 9. A hybrid maize plant according to claim 2, wherein the genetic material of said plant contains one or more genes transferred by backcrossing. 10. A maize plant, or its parts wherein at least one ancestor of said maize plant is the maize plant, or its parts of claim 9, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 11. A maize plant, or its parts, having all the morphological and physiological characteristics of the plant of claim A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 11, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, accept able Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. A-26

27 13. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: using the maize plant, or its parts, of claim 2 as a source of said breeding material. 14. The maize plant breeding program of claim 13 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 15. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: using the maize plant, or its parts, of claim 8 as a source of said breeding material. 16. The maize plant breeding program of claim 15 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 17. The maize plant of claim 11 where in said maize plant is male sterile. 18. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: obtaining the maize plant, or its parts, of claim 9 as a source of said breeding material. 19. The maize plant breeding program of claim 18 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 20. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 8, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 21. A hybrid maize plant according to claim 11, wherein the genetic material of said plant contains one or more transgenes. 22. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 21, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and A-27

28 Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 23. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: obtaining the maize plant, or its parts, of claim 21 as a source of said breeding material. 24. The maize plant breeding program of claim 23 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 25. A hybrid maize plant according to claim 11, wherein the genetic material of said plant contains one or more genes transferred by backcrossing. 26. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 25, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 27. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding material, comprising: obtaining the maize plant, or its parts, of claim 25 as a source of said breeding material. 28. The maize plant breeding program of claim 27 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. 29. A maize plant, or its parts, wherein at least one ancestor of said maize plant is the maize plant, or its parts, of claim 11, said maize plant capable of expressing a combination of at least two 33P66 traits selected from the group consisting of: a relative maturity of approximately 113 based on the Comparative Relative Maturity Rating System for harvest moisture of grain, above average test weight, above average Diplodia Ear Rot resistance, strong Southern Leaf Blight resistance, acceptable Gray Leaf Spot resistance, acceptable root lodging resistance, and well suited to the Central Corn Belt, Western Corn Belt and Eastern Corn Belt including the Southeast, Southcentral and Southwest regions of the United States. 30. A method for developing a maize plant in a maize plant breeding program using plant breeding techniques, which include employing a maize plant, or its parts, as a source of plant breeding materia l, comprising: obtaining the maize plant, or its parts, of claim 11 as a source of said breeding material. 31. The maize plant breeding program of claim 30 wherein plant breeding techniques are selected from the group consisting of: recurrent selection, backcrossing, pedigree breeding, A-28

29 restriction fragment length polymorphism enhanced selection, genetic marker enhanced selection, and transformation. -- 6,177,619 What is claimed is: 1. A soybean seed designated , wherein a sample of said seed has been deposited under ATCC Accession No. PTA A plant, or its parts, produced by growing the seed of claim Pollen of the plant of claim An ovule of the plant of claim A soybean plant having all the physiological and morphological characteristics of the soybean plant of claim 2, or its parts. 6. Tissue culture of the plant of claim A soybean plant regenerated from the tissue culture of claim 6, wherein said plant has all of the physiological and morphological characteristics of a plant produced by growing seed designated and having ATCC Accession No. PTA Tissue culture of regenerable cells of the plant, or its parts, of claim The tissue culture of claim 8 selected from the group consisting of protoplasts and calli wherein the regenerable cells are derived from embryos; meristematic cells, pollen, leaves, anthers, roots, root tips, flowers, seeds, stems, or pods. 10. A soybean plant regenerated from the tissue culture of claim 9, wherein said plant has all of the physiological and morphological characteristics of a plant produced by growing seed designated and having ATTC Accession No. PTA A method for producing a soybean seed comprising crossing a first parent soybean plant with a second parent soybean plant and harvesting the resultant hybrid soybean seed, wherein said first or second parent soybean plant is the soybean plant of claim A hybrid soybean seed produced by the method of claim A hybrid soybean plant, or its parts, produced by growing said hybrid soybean seed of claim Soybean seed produced from said hybrid soybean plant of claim The soybean plant, or its parts, produced from the soybean seed of claim The soybean plant of claim 5, further comprising a single gene conversion. 17. The single gene conversion soybean plant of claim 16, wherein the gene is introduced by transgenic means. 18. The single gene conversion soybean plant of claim 16, wherein the gene is a dominant allele. 19. The single gene conversion soybean plant of claim 16, wherein the gene is a recessive allele. A-29

30 20. The single gene conversion soybean plant of claim 16, wherein the gene confers herbicide resistance. 21. The single gene conversion soybean plant of claim 16, wherein the gene confers insect resistance. 22. The single gene conversion soybean plant of claim 16, wherein the gene confers resistance to bacterial, fungal or viral disease. 23. The single gene conversion soybean plant of claim 16, wherein the gene confers male sterility. 24. The single gene conversion soybean plant of claim 16, wherein the gene confers waxy starch. -- 5,663,484 What is claimed is: 1. A rice plant, which plant when cultivated in North, Central or South America, or Caribbean Islands a) has a mature height of about 80 cm to about 140 cm; b) is substantially photoperiod insensitive; and c) produces rice grains having i) an average starch index of about 27 to about 35, ii) an average 2-acetyl-1-pyrroline content of about 150 ppb to about 2,000 ppb, iii) an average length of about 6.2 mm to about 8.0 mm, an average width of about 1.6 mm to about 1.9 mm, and an average length to width ratio of about 3.5 to about 4.5, iv) an average of about 41% to about 67% whole grains, and v) an average lengthwise increase of about 75% to about 150% when cooked. 2. The rice plant of claim 1, wherein said starch index of i) consists of the sum of percent amylose of about 24 to about 29 and of alkali spreading value of about 2.9 to about The rice plant of claim 2, wherein said rice grains additionally have an average burst index of about 4 to about The rice plant of claim 2, wherein said rice grains consist of less than about 20% chalky, white belly or white center grains. 5. The rice plant of claim 1, wherein said plant produces about 3,000 lbs to about 10,000 lbs of seed per acre. 6. The rice plant of claim 1, which plant a) has a mature height of about 119 cm; and b) produces rice grains having i) an average starch index of about 29, an average percent amylose of about 24.5, and an average alkali spreading value of about 4.5, A-30

31 ii) an average 2-acetyl-1-pyrroline content of about 400 ppb, iii) an average length of about 6.75 mm, an average width of about 1.85 mm, and an average length to width ratio of about 3.65, iv) an average of about 50% whole grains, and v) an average lengthwise increase of about 90% when cooked. 7. The rice plant of claim 1, which plant a) has a mature height of about 115 cm; and b) produces rice grains having i) an average starch index of about 29, an average percent amylose of about 26.2, and an average alkali spreading value of about 2.9, ii) an average 2-acetyl-1-pyrroline content of about 150 ppb, iii) an average length of about 7.26 mm, an average width of about 1.85 mm, and an average length to width ratio of about 3.92, iv) an average of about 45% whole grains, and v) an average lengthwise increase of about 75% when cooked. 8. A rice plant produced from Bas 867 seed having the accession number ATCC A rice plant produced from RT1117 seed having the accession number ATCC The rice plant of claim 1, which plant a) has a mature height of about 115 cm; and b) produces rice grains having i) an average starch index of about 28.9, and average percent amylose of about 25.8, and an average alkali spreading value of about 3.1, ii) an average 2-acetyl-1-pyrroline content of about 400 to about 450 ppb, iii) an average length of about 6.49 mm, an average width of about 1.77 mm, and an average length to width ratio of about 3.87, iv) an average of about 41% whole grains, and v) an average lengthwise increase of about 90% when cooked. 11. A rice plant produced from RT1121 seed having the accession number ATCC A seed produced by the rice plant of any of claims 1 to A rice grain derived from the seed of claim A progeny plant of the rice plant of any of claims 1 to A rice grain, which has i) a starch index of about 27 to about 35, ii) a 2-acetyl-1-pyrroline content of about 150 ppb to about 2,000 ppb, iii) a length of about 6.2 mm to about 8.0 mm, a width of about 1.6 mm to about 1.9 mm, and a length to width ratio of about 3.5 to about 4.5, iv) a whole grain index of about 41 to about 63, A-31

32 v) a lengthwise increase of about 75% to about 150% when cooked, and vi) a chalk index of less than about The rice grain of claim 15, which has a 2-acetyl-1-pyrroline content of about 350 ppb to about 600 ppb. 17. The rice grain of claim 15, which has a burst index of about 4 to about A method of selecting a rice plant for breeding or propagation, comprising the steps of: a) preparing rice grains from rice seeds; b) determining i) the percent amylose (PA), and ii) the alkali spreading value (ASV) of samples of said grains; c) summing said PA and said ASV to obtain the starch index (SI) of said grains; d) identifying a rice plant which produces grains having an average PA of about 22 to about 29, an average ASV of about 2.9 to about 7, and an average SI of about 27 to about 35; e) selecting a seed from said plant; and f) growing said seed into a plant. 19. A method of selecting a rice plant for breeding or propagation, comprising the steps of: a) preparing rice grains from rice seeds; b) determining i) the percent amylose (PA), and ii) the alkali spreading value (ASV) of samples of said grains; c) summing said PA and said ASV to obtain the starch index (SI) of said grains; d) cooking a sample of said grains and determining the percent elongation of cooked grains; e) identifying a rice plant which produces grains having an average PA of about 22 to about 29, an average ASV of about 2.9 to about 7, an average SI of about 27 to about 35, and an average cooked grain elongation of about 75% to about 150%; f) selecting a seed from said plant; and g) growing said seed into a plant. 20. A method of selecting a rice plant for breeding or propagation, comprising the steps of: a) preparing rice grains from rice seeds; b) determining i) the percent amylose (PA), and ii) the alkali spreading value (ASV) of samples of said grains; c) summing said PA and said ASV to obtain the starch index (SI) of said grains; d) determining the burst index of a sample of said grains; A-32

33 e) identifying a rice plant which produces grains having an average PA of about 22 to about 29, an average ASV of about 2.9 to about 7, an average SI of about 27 to about 35, and an average burst index of about 4 to about 1; f) selecting a seed from said plant; and g) growing said seed into a plant. A-33