Title of Invention

NOVEL VIP3 TOXINS

Abstract 1 An isolared nucleic acid nioiecule comprising a nucleotide sequenc, ,.,„.. ^,,^wuci ^ toxin that is active against insects, wherein said nucleotide sequence: (.a) has a complimen! that hybridizes to nucleotides 19S1-2367 of SEQ ID NO. 1 in 1% sodium dodecy! sulfate (SDS), 0 5 M NaPO^. 1 mM £DTA at 5QX. with washine in O.IXSSC, 0.1% SDS at 65T.; or ib) is isocoding witii the nucleotide sequence of (a); or (c) has al least 93% sequence identity with SEQ ID NO: 1, or (d) encodes an amino acid sequence having at least 91% sequence identity with SEQ ID NO: 2. 2 The isolated nucleic acid molecule according to claim ], wherein said nucleotide sequence has a compliment that hybridizes to nucleotides !9S 1-2367 of SEQ ID NO: 1 in 7% sodium dodecyl sulfate (SDS), 0.5 MNaP04, 1 nuMEDTA at 50T. with washing in 0,[XSSC.0.I%SDSat65°C
Full Text

FIELD OF THE ES\TENTION
(ipSl^^~, The present invention relates to novel Vip3 toxins from Bacillus thwiugiemis, nucleic acid sequences whose expression results in said toxins, and methods of making and methods of using the toxins and corresponding nucleic acid sequences to control insects,
BACKGROUND OF THE INXTENTION
()S2]~- Plant pests are a major factor in the loss of the world's important agricultural crops. About $8 billion are lost every year in the U.S. alone due to infestations of non-mammalian pests including insects. In addition to losses in field crops, insect pests are also a burden to vegetable and fruit growers, to producers of ornamental flowers, and to home gardeners.
Insect pests are mainly controlled by intensive applications of chemical pesticides, which are active through inhibition of insect groAvth, prevention of insect feeding or reproduction, or cause death. Good insect control can thus be reached, but these chemicals c^n sometimes also affect other, beneficial insects. Another problem resulting from the wide use of chemical pesticides is the appearance of resistant insect varieties. This has beei> partially alleviated by various resistance management practices, but there is an increasing need for ahemative pest control agents. Biological pest control agents, such as Bacillus tlmringiensis strains expressing pesticidal toxins like §-endotoxins, have also been applied to crop plants with satisfactorj' results, offering an alternative or compliment :o chemical pesticides. The genes coding for some of these 5-endotoxins have been solated and their expression in heterologous hosts have been shown to provide another ool for the control of economically important insect pests. In particular, the expression of nsecticidal toxins in transgenic plants, such as Bacillus tlmringiensis 5-endotoxins, has )rovided efficient pn ' '

expressing such toxins have been commercialized, allowing farmers to reduce applications of chemical insect control agents.
Other, non-endotoxin genes and the proteins they encode have now been identified. Patents 5,877,012, 6,107,279, 6,137,033, and 6,291,156, as well asEstruch et a/. (1996, Proc. Natl. Acad. Sci. 93:5389-5394) and Yu eial. (1997, Appl. Environ. Microbiol. 63:532-536), herein incorporated by reference, describe a new class of insecticidal proteins called Vip3. Vip3 genes encode approximately 88 kDa proteins that ■are produced and secreted by Bacillus during its vegetative stages of growth (vegetative insecticidal proteins, Vff). The Vip3 A protein possesses insecticidal activity against a ■ wide spectrum of lepidopteran pests, including, but not limited to, black cutworm (BCW, AgTO/Js ipsilon), fall armyworm (FAW, Spodopiemfriigiperda), tobacco budworm (TBW, Heliothis virescens), and corn earworm (CEW, Helicoverpa zed). More recently, plants expressing the Vip3A protein have been found to be resistant to feeding damage caused by hemipteran insect pests. Thus, the Vip3A protein displays a unique spectrum of insecticidal activities. Other disclosures, WO 98/18932, WO 98/33991, WO 98/00546, and WO 99/57282, have also now identified homologues of the Vip3 class of proteins.
The continued use of chemical and biological agents to control insect pests
heightens the chance for insects to develop resistance to such control measures. Also,
only a few specific insect pests are controllable with each control agent.
JttB'op' Therefore, there remains a need to discover new and effective pest control agents
that provide an economic benefit to farmers and that are environmentally acceptable.
Particularly needed are control agents that are targeted to a wide spectrum of
economically important insect pests, to control agents that efficiently control insect
strains that are or could become resistant to existing insect control agents, and those with
increased potency compared to current control agents. Furthermore, agents whose
application minimizes the burden on the environment are desirable. •
SUMIVIARY
^^f— The present invention addresses the need for novel pest control agents by ^ providing new genes and toxins that are distinct firom those disclosed in U.S. Patents
5,877,012, 6,107,279, and 6,137,033, and Estruch etal (1996), and Yu et al. (1997), as
well as WO 98/18932, WO 99/33991, WO 99/5782, and WO 98/00546.

Jiflii^^ Within the present invention, compositions and methods for controlling plant pests are provided. In particular, novel vip3 nucleic acid sequences isolated from Baci/hi /huringiensis, and sequences substantially identical thereto, v^^'hose expression results in pesticidal toxins with toxicity to economically important insect pests, particularly insect pests that infest plants, are provided. The invention is flirther drawn to the novel pesticidal toxins resulting from the expression of the nucleic acid sequences, and to compositions and formulations containing the pesticidal toxins, which are capable of inhibiting the ability of insect pests to sur\'ive, grovv' and reproduce, or of limiting insect-related damage or loss to crop plants. The invention is also drawn to methods of using the nucleic acid sequences, for example in making hybrid toxins whh enhanced pesticidal activity or in a recombinogenic procedure such as DNA shuffling. The invention is further drawn to a method of making the toxins and to methods of using the nucleic acid sequences, for example in microorganisms to control insects or in transgenic plants to confer protection from insect damage, and to a method of using the pesticidal toxins, and compositions and formulations comprising the pesticidal toxins, for example applying the pesticidal toxins or compositions or formulations to insect-infested areas, or to prophylactically treat insect-susceptible areas or plants to confer protection against the insect pests.
The nucleotide sequences of the present invention can be engineered using methods generally known in the art in order to aher the nucleotide sequences for a variety of purposes including, but not hmited to, broadening the spectrum of pesticidal activity, or increasing the specific activity against a specific pest. DNA shuffling by random fragmentation and PCR reassembly of gene fragments and synthetic oligonucleotides may be used to engineer the nucleotide sequences.
The novel pesticidal toxins described herein are highly active against insects. For example, a number of economically important insect pests, such as the lepidopterans Ostjifiia imbilalis (European corn borer), Phitella x)!losteUa (diamondback moth), Spodoptera fi'iigiperda (fall armyworm), Agrotis ipsilon (black cutworm), Helicoverpa ■.ea (com earworm), Heliothis virescens (tobacco budworm), Spodoptera exigiia (beet irmjavorm), Diatraea grandiosella (southwestern corn borer), Diatraea saccharalis (sugarcane borer), Helicoverpa punctigera (native budworm) and Helicovei-pa annigera (cotton bollworm) can be controlled by the pesticidal toxins. The pesticidal toxins can be

used singly or in combination with other insect control strategies to confer maximal pe: control efficiency with minimal environmental impact.
-^Q^^/if- According to one aspect, the present invention provides an isolated nucleic acid molecule comprising a nucleotide sequence that encodes a toxin that is active against insects, wherein the nucleotide sequence: (a) has a compliment that hybridizes to nucleotides 1981-2367 of SEQ ED NO: 1 in 7% sodium dodecyl sulfate (SDS), 0,5 M NaP04, 1 mMEDTA at 50= C. with washing in O.IXSSC, 0.1% SDS at 65°C.; or (b) is isocoding with the nucleotide sequence of (a); or (c) comprises a consecutive 20 base pair nucleotide portion identical in sequence to a consecutive 20 base pair nucleotide portion of a nucleotide sequence of (a) or (b); or (d) lias at least 93% sequence identity with SEQ ID NO: l;_or (e) encodes an amino acid sequence having at least 91% sequence identity with SEQ ID NO: 2.
—WJ8IT2J~ In one embodiment of this aspect, the isolated nucleic acid molecule comprises a nucleotide sequence that has a compliment that hybridizes to nucleotides 1981-2367 of SEQ ID NO: 1 in 7% sodium dodecyl sulfate (SDS), 0.5 M NaP04, 1 mM EDTA at 50°C. with washing in O.IXSSC, 0.1% SDS at 65°C.
~\Mi^^- In another embodiment of this aspect, the isolated nucleic acid molecule
comprises a nucleotide sequence that is isocoding with a nucleotide sequence having a compliment that hybridizes to nucleotides 1981-2367 of SEQ ID NO: 1 in 7% sodium dodecyl sulfate (SDS), 0.5 M NaP04, 1 mM EDTA at 50°C. with washing in 0. IXSSC, 0.1%SDSat65°C.
-4MyMj- In yet another embodiment, the isolated nucleic acid molecule comprises a
consecutive 20 base pair nucleotide portion identical in sequence to a consecutive 20 base pair nucleotide portion of nucleotides 1981-2367 of the nucleotide sequences set forth in SEQ ID NO: 1 or SEQ ID NO: 3.
-{001^ • In another embodiment, the isolated nucleic acid molecule comprises a nucleotide / sequence that has at least 75% sequence identity with nucleotides 1981-2367 of SEQ ID NO: 1. Preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 85% sequence identity with nucleotides 1981-2367 of SEQ ID NO: 1. More preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 95% sequence identity with nucleotides 1981-2367 of SEQ ID NO: 1. Even more preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that

has at least 99% sequence identity with nucleotides 1981-2367 of SEQ ID NO: 1. Most preferably, the isolated nucleic acid molecule comprises nucleotides 1981-2367 of SEQ ID NO; lor SEQ ID NO: 3. [Op^^ In another embodiment, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 93% sequence identity with SEQ ID NO; I. Preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 95?/o sequence identity with SEQ ID NO; 1. More preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 99% sequence identity with SEQ ID NO; 1. Most preferably, the isolated nucleic acid molecule comprises nucleotides 1-2367 of a nucleotide sequence selected from the group consisting of SEQ ID NO; 1, SEQ ID NO; 3, SEQ ID NO; 10, SEQ ID NO: 31, and SEQ ED NO; 33. )Oyf\ In one embodiment of the present invention, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence with at least 15% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Preferably, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has at least 85% identhy with amino acids 661-788 of the amino acid sequence of SEQ ID NO; 2. More preferably, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has at least 95% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO; 2. Even more preferably, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has at least 99% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO; 2. Most preferably, the isolated nucleic acid molecule encodes a toxin comprising amino acids 661-788ofSEQIDNO;2.
re] In another embodiment, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has at least 91% identity to the amino acid sequence set forth in SEQ ID NO; 2. Preferably, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has at least 95% identity to the imino acid sequence set forth in SEQ ID NO; 2. More preferably, the isolated nucleic .cid molecule encodes a toxin comprising an amino acid sequence which has at least 99% ientity to the amino acid sequence set forth in SEQ ID NO; 2. Most preferably, the jolated nucleic acid molecule encodes a toxin comprising the amino acid sequence set Drth in SEQ ID NO: 2 or SEQ ID NO; 12.

In one embodiment, the isolated nucleic acid molecule is comprised in a. Bacillus thiiringjetisis isolate selected from the group consisting of CI 674, designated NRRL accession B-30556; and C536, designated NRRL accession B-30557.
[002^0] In another embodiment, the isolated nucleic acid molecule comprises the approximately 2.4 kb DNA fragment comprised in an E. coli clone selected from the group consisting of pNOV3910, designated NRRL accession B-30553; pNOV391 ], designated NRRL accession B-30552; pNOV3906, designated NRRL accession B-30555; pNOV3905, designated NRRL accession B-30554; and pNOV3912, designated NRRL accession B-30551.
[OQZl] According to one embodiment of the invention, the isolated nucleic acid molecule / encodes a toxin that is active against a lepidopteran insect. Preferably, according to this embodiment, the toxin has activity against Ostiinia mibilalis (European corn borer), Plutella xylostella (diamondback moth), Spodopferafi-ugiperda (fall armyworm), Agrotis ipsilon (black cutworm), Helicoverpa zea (corn eanvorm), Heliothis virescem (tobacco budworm), Spodoptera exigiia (beet armyworm), Pectinophora gossypielJa (pink boll worm), Trichoplvsia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electellum (sunflower head moth).
OQZz] The present invention also provides a chimeric gene comprising a heterologous
' promoter sequence operatively linked to the nucleic acid molecule of the invention. Further, the present invention provides a recombinant vector comprising such a chimeric gene. Still further, the present invention provides a transgenic host cell comprising such a chimeric gene. A transgenic host cell according to this aspect of the invention may be an animal cell, an animal virus, a plant virus, a bacterial cell, a yeast cell or a plant cell, preferably, a plant cell. Even further, the present invention provides a transgenic plant comprising such a plant cell. A transgenic plant according to this aspect of the invention may be sorghum, wheat, sunflower, tomato, cole crops, cotton, rice, soybean, sugar beet, sugarcane, tobacco, barley, oilseed rape or maize, preferably maize and cotton. Still further, the present invention provides seed from the group of transgenic plants consisting of sorghum, wheat, sunflower, tomato, cole crops, cotton, rice, soybean, sugar beet, sugarcane, tobacco, barley, oilseed rape and maize. In a particularly preferred embodiment, the seed is firom a transgenic maize plant or transgenic cotton plant.

[Op2^ Also provided by the invention are transgenic plants of the invention further comprising a second nucleic acid sequence or groups of nucleic acid sequences that encode a second pesticidal principle. Particularly preferred second nucleic acid sequences are those that encode a 5-endotoxin, those that encode another Vegetative Insecticidal Protein toxin or those that encode a pathway for the production of a non-proteinaceous pesticidal principle.
In yet another aspect, the present invention provides toxins produced by the expression of the nucleic acid molecules of the present invention.
[0Q2I5] In a preferred embodiment, the toxin is produced by the expression of the nucleic acid molecule comprising nucleotides 1-2367 of a nucleotide sequence selected from the group consisting of SEQ ID NO: 1, SEQ ID NO: 3, and SEQ ID NO: 10.
In another embodiment, the toxins of the invention are active against lepidopteran insects, preferably against Ostiinia mibilalis (European com borer), Pliitella xylostella (diamondback moth), Spodopterafi-ngiperda (fall armyworm), Agrotis ipsilon (black cutworm), Helicoverpa zea (com earworm), Heliothis virescens (tobacco budworm), Spodoptera exigiia (beet armirworm), Pectmophora gossypiella (pink boll worm), Trichophisia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electelhim (sunflower head moth).
[Q(yil] In one embodiment, the toxins of the present invention are produced by a Bacillus thiiringiensis isolate selected from the group consisting of CI 674, designated NRRL accession B-30556; and C536, designated NRRL accession B-30557.
[0028] In another embodiment, the toxins are produced by an E. coli clone selected from the group consisting of pNOV3910, designated NRRL accession B-30553; pNOV3911, designated NRRL accession B-30552; pNOV3906, designated NRRL accession B-30555; pNOV3905, designated NRRL accession B-30554; and pNOV3912, designated NRRL accession B-30551 .
[0039] In one embodiment, a toxin of the present invention comprises an amino acid sequence which has at least 75% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Preferably, the toxin comprises an amino acid sequence which has at least 85% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. More preferably, the toxin comprises an amino acid sequence which has at least 95% identity with amino acids 661-788 of the amino acid sequence of SEQ ED

NO: 2. Even more preferably, the toxin comprises an amino acid sequence tliat has at least 99% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Most preferably, the toxin comprises amino acids 661-788 of SEQ ID NO: 2.
[OQ^] In another embodiment, a toxin of the present invention comprises an amino acid sequence which has at least 91% identity with the amino acid sequence set forth in SEQ ID NO: 2. Preferably, the toxin comprises an amino acid sequence which has at least 95% identity with the amino acid sequence set forth in SEQ ID NO: 2. More preferably, the toxin comprises an amino acid sequence which has at least 99% identity with the amino acid sequence set forth in SEQ ID NO: 2. Most preferably, the toxin comprises the amino acid sequence set forth in SEQ ID NO: 2, SEQ ID NO: 11, or SEQ ID NO: 32.
[00^] The present invention also provides a composition comprising an effective insect-controlling amount of a toxin according to the invention.
] In another aspect, the present invention provides a method of producing a toxin that is active against insects, comprising: (a) obtaining a transgenic host cell comprising a chimeric gene, which itself comprises a heterologous promoter sequence operatively linked to the nucleic acid molecule of the invention; and (b) expressing the nucleic acid molecule in the transgenic cell, which results in at least one toxin that is active against insects.
[0033] In a further aspect, the present invention provides a method of producing an ' insect-resistant transgenic plant, comprising introducing a nucleic acid molecule of the invention into the transgenic plant, wherein the nucleic acid molecule is expressible in the transgenic plant in an effective amount to control insects. According to one embodiment, the insects are lepidopteran insects, preferably selected from the group consisting of Ostiinia mibilalis (European com borer), Pliitella xylosteUa (diamondback moth), Spodoptera friigiperda (fall armyworm), Agi-otis ipsilon (black cutworm), Helicoveipa zea (corn earworm), Heliothis virescens (tobacco budworm), Spodoptera exigiia (beet armyworm), Pectinophora gossypiella (pink boll worm), Trichopliisia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electellum (sunflower head moth). j^^f!^ In still a further aspect, the present invention provides a method of controlling insects comprising delivering to the insects an effective amount of a toxin of the present invention. According to one embodiment, the insects are lepidopteran insects, preferably

selected from the group consisting of: Ostriuia imbilalis (European com borer), PlideUa xylostella (diamondback moth), Spodopterafmgiperdo (fall armyworm), AgJ-otis ipsilon (black cutworm), Helicoverpa zea (corn earworm), Heliothis virescens (tobacco budworm), Spodoptera exigna (beet armyworm), Pectwophora gossypiella (pink boll worm), Tricbophisia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electelhim (sunflower head moth). Preferably, the toxin is delivered to the insects orally. In one preferred embodiment, the toxin is delivered orally tlirough a transgenic plant comprising a nucleic acid sequence that expresses a toxin of the present invention.
[OOis] The present invention also provides hybrid toxins active against insects, wherein the hybrid toxins are encoded by a nucleic acid molecule comprising a nucleotide sequence according to the invention.
[00^] In one embodiment, the hybrid toxins of the invention are active against
lepidopteran insects, preferably against Ostiinia niibilalis (European coraborer), Pliitella xylostella (diamondback moth), Spodoptera frugiperda (fall armyworm), Agivtis ipsilon (black cutworm), Helicoverpa zea (corn earworm), Heliothis virescens (tobacco budworm), Spodoptera exigiia (beet armyworm), Pectinophora gossypiella (pink boll worm), Trichoplusia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and
Homoeosoma electellnm (sunflower head moth).
/
[00(67] In another embodiment, the hybrid toxin is encoded by the approximately 2.4 kb
DNA fragment comprised in IhtE. coli clone pNOV3912, designated NRRL accession B-30551. In a preferred embodiment, the hybrid toxin is encoded by the nucleotide sequence set forth in SEQ ID NO: 10.
[00^] The present invention also provides a composition comprising an insecticidally effective amount of a hybrid toxin according to the invention.
[00^9] In another aspect, the present invention provides a method of producing a hybrid toxin active against insects, comprising: (a) obtaining a transgenic host cell comprising a chimeric gene, which itself comprises a heterologous promoter sequence operatively linked to the nucleic acid molecule of the invention; and (b) expressing the nucleic acid molecule in the transgenic cell, which results in at least one hybrid toxin that is active against insects.

[Oft^] In a further aspect, the present invention provides a method of producing an insect-resistant transgenic plant, comprising introducing a nucleic acid molecule of the invention into the plant, wherein the nucleic acid molecule encodes a hybrid toxin and wherein the hybrid toxin is expressible in the transgenic plant in an effective amount to control an insect. According to one embodiment, the insects are lepidopteran insects, preferably selected from the group consisting ofOstyima mibilalis (European corn borer), PluteUa xylostella (diamondback moth), Spodopterafriigiperda (fall armyworm), Agrotis ipsilon (black cutworm), Helicoverpa zea (com earworm), Heliothis viresceiis (tobacco budworm), Spodoptera exigiia (beet armyworm), Pectinophora gossypiella (pink boll worm), Trichophisia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Honweosoma electelhmi (sunflower head moth).
[0^41] In still a futher aspect, the present invention provides a method of controlling an insect comprising delivering to the insects an effective amount of a hybrid toxin of the present invention. According to one embodiment, the insects are lepidopteran insects, preferably selected from the group consisting of Ostrinia mibilalis (European com borer), PluteUa xylostella (diamondback moth), Spodopterafi'iigiperda (fall armyworm), Agfotis ipsilon (black cutworm), Helicoverpa zea (corn earworm), Heliothis virescens (tobacco budworm), Spodoptera exigiia (beet armyworm), Pectinophora gossypiella (pink boll worm), Trichophisia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electelliim (sunflower head moth). Preferably the hybrid toxin is delivered to the insects orally. In one preferred embodiment, the hybrid toxin is delivered orally through a transgenic plant comprising a nucleic acid sequence that expresses a hybrid toxin of the present invention.
[00/2] The present invention also provides a hybrid toxin active against insects, comprising a carboxy-terminal region of a Vip3 toxin joined in the amino to carboxy direction to an amino-terminal region of a different Vip3 toxin, wherein the carboxy-terminal region comprises an amino acid sequence which has at least 75% identity, preferably at least 85% identity, more preferably at least 95% identity, most preferably at least 99% identity with amino acids 661-788 of SEQ ID NO: 2; and wherein the amino-terminal region has at least 75% identity, preferably at least 85% identity, more preferably at least 95% identity, most preferably at least 99% identity with amino acids 1-660 of SEQ ID NO: 5. In a preferred embodiment, the carboxv-terminal rpgion comprises

amino acids 661-788 of SEQ ID NO: 2, and tlie amino-termina! region comprises amino acids 1-660 of SEQ ID NO; 5, In a most preferred embodiment, the hybrid toxin comprises amino acids 1-78S of SEQ ID NO: 11.
The hybrid toxin, according to this aspect of the invention, is preferably active against lepidopteran insects, more preferably against lepidopteran insects selected from the group consisting ofOsninia mibilalis (European corn borer), Phitella \yhsiella (diamondback moth), Spodopterafiiigiperda (fall armyAvorm), Agi'otis ipsilon (black ■ cutworm), Helicoverpa lea (corn earworm), Heliothis virescens (tobacco budworm), Spodoptera exigita (beet armyavorm), Pectmophora gossypiella (pink boll worm), Trichoplusia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoina electelhm (sunflower head moth).
[oo/t] Also encompassed by this aspect of the invention is a nucleic acid molecule comprising a nucleotide sequence that encodes the hybrid toxin of this aspect.
[0046] The invention fijrther provides a method of controlling insects wherein a transgenic plant comprising a hybrid toxin of the invention further comprises a second nucleic acid sequence or groups of nucleic acid sequences that encode a second pesticidal principle. Particularly preferred second nucleic acid sequences are those that encode a 5-endotoxin, those that encode another Vegetative Insecticidal Protein toxin or those that encode a pathway for the production of a non-proteinaceous pesticidal principle.
[0(W6] Yet another aspect of the present invention is the provision of a method for mutagenizing a nucleic acid molecule according to the present invention, wherein the nucleic acid molecule has been cleaved into populations of double-stranded random fragments of a desired size, comprising: (a) adding to the population of double-stranded random fragments one or more single- or double-stranded oligonucleotides, wherein the oligonucleotides each comprise an area of identity and an area of heterology to a double-stranded template polynucleotide; (b) denaturing the resultant mixture of double-stranded random fragments and oligonucleotides into single-stranded fragments; (c) incubating the resultant population of single-stranded fragments with polymerase under conditions which result in the annealing of the single-stranded fragments at the areas of identity to form pairs of annealed fragments, the areas of identity being sufficient for one member of the pair to prime replication of the other, thereby forming a mutagenized double-stranded polynucleotide; and (d) repeating the second and third steps for at least two flirther cycles.

wherein the. resultant mixture in the second step of a further cycle includes the mutagenized double-stranded polynucleotide from the third step of the previous cycle, and wherein the fijrther cycle forms a further mutagenized double-stranded polynucleotide. 01W7] Other aspects and advantages of the present invention will become apparent to those skilled in the art from a study of the following description of the invention and non-limiting examples.
BRIEF DESCRIPTION OF THE SEQUENCES IN THE SEQUENCE LISTLNG
SEQ ID NO: 1 is a native vipSC nucleotide sequence.
SEQ ID NO: 2 is the amino acid sequence encoded by SEQ ID NO: 1.
SEQ ID NO: 3 is a maize optimized vip3C nucleotide sequence.
SEQ ID NO: 4 is a native vv/?3A(a) nucleotide sequence.
SEQ ID NO: 5 is the amino acid sequence encoded by SEQ ID NO: 5.
SEQ ID NO: 6 is a native vip3B nucleotide sequence.
SEQ ED NO: 7 is the amino acid sequence encoded by SEQ ID NO: 7.
SEQ ID NO: 8 is a native vip3Z nucleotide sequence.
SEQ ED NO: 9 is the amino acid sequence encoded by SEQ ID NO: 9.
SEQ ID NO: 10 is a hybrid vjp3A-C nucleotide sequence.
SEQ ID NO: 11 is the amino acid sequence encoded by SEQ ED NO: 11.
SEQ ID NO: 12-29 are primer sequences useful in practicing the invention.
SEQ ED NO: 30 is the nucleotide sequence of the vector pNOV2149.
SEQ ED NO: 31 is the V7>3C-12168 nucleotide sequence.
SEQ ED NO: 32 is the amino acid sequence encoded by SEQ ED NO: 32.
SEQ ID NO: 33 is the maize optimized v7p3C-12168 nucleotide sequence.
DEPOSITS
The following material was deposited with the Agricultural Research Service, Patent Culture Collection (NRRL), 1815 North University Street, Peoria, Illinois 61604, under the terms of the Budapest Treaty on the International Recognition of the Deposit of

Microorganisms for the Purposes of Patent Procedure. All restrictions on the availability of the deposited material will be irrevocably removed upon granting of the patent.
Isolate/Clone Accession Number Date of Deposit
5./. strain CI674 NRRL-B-30556 Febmar}'7,2002
5.7. strain C536 KRRLB-30557 February 7,2002
E. co//BL21 (pNOV3906) NRJIL B-30555 February 7, 2002
E. coli BL21 (pNOV3905) MIRL B-30554 February 7, 2002
E. coli DH5a (pNOV3910) NRRL B-30553 February 7, 2002'
E. coli DH5a (pNOV3911) NRRL B-30552 February 7, 2002
E. coll DHSa (pNOV3912) NRRL B-30551 February 7, 2002
DEFLNITIONS
[Oo/S] "Activity" of the toxins of the invention is meant that the toxins function as orally active insect control agents, have a toxic effect, or are able to disrupt or deter insect feeding, which may or may not cause death of the insect. When a toxin of the invention is delivered to the insect, the result is typically death of the insect, or the insect does not feed upon the source that makes the toxin available to the insect.
[00^9] "Associated with / operatively linked" refer to two nucleic acid sequences that are related physically or functionally. For example, a promoter or regulator)' DNA sequence is said to be "associated with" a DNA sequence that codes for an RNA or a protein if the two sequences are operatively linked, or shuated such that the regulator DNA sequence will affect the expression level of the coding or structural DNA sequence.
Oft&O] A "chimeric gene" is a recombinant nucleic acid sequence in which a promoter or ' regulatory nucleic acid sequence is operatively linked to, or associated with, a nucleic acid sequence that codes for an mRNA or which is expressed as a protein, such that the regulator nucleic acid sequence is able to regulate transcription or expression of the associated nucleic acid sequence. The regulator nucleic acid sequence of the chimeric gene is not normally operatively linked to the associated nucleic acid sequence as found in nature.

[OO/l] A "coding sequence" is a nucleic acid sequence that is transcribed into RNA such as mRNA, rRNA, tRNA, snRNA, sense RNA or antisense RNA. Preferably the RNA is then translated in an organism to produce a protein.
To "control" insects means to inhibit, through a toxic effect, the ability of insect
pests to survive, grow, feed, and/or reproduce, or to limit insect-related damage or loss in
crop plants. To "control" insects may or may not mean killing the insects, although it
preferably means killing the insects.
[0Q63] Corresponding to; in the context of the present invention, "corresponding to" or
/ "corresponds to" means.that when the nucleic acid coding sequences or amino acid
sequences of different Vip3 genes or proteins are aligned with each other, the nucleic or
amino acids that "correspond to" certain enumerated positions are those that align with
these positions but that are not necessarily in these exact numerical positions relative to
the particular VipS's respective nucleic acid coding sequence or amino acid sequence.
Likewise, when the coding or amino acid sequence of a particular Vip3 (for example,
Vip3Z) is aligned with the coding or amino acid sequence of a reference Vip3 (for
example, Vip3C), the nucleic acids or amino acids in the Vip3Z sequence that
"correspond to" certain enumerated positions of the Vip3C sequence are those that align
with these positions of the Vip3C sequence, but are not necessarily in these exact
numerical positions of the Vip3Z protein's respective nucleic acid coding sequence or
amino acid sequence.
[0Q64] To "deliver" a toxin means that the toxin comes in contact with an insect, resulting
in toxic effect and control of the insect. The toxin can be delivered in many recognized
ways, e.g., orally by ingestion by the insect or by contact with the insect via transgenic
plant expression, formulated protein composition(s), sprayable protein composition(s), a
bait matrix, or any other art-recognized toxin delivery system.
[0055] "Effective insect-controlling amounf means that concentration of toxin that >
inhibits, through a toxic effect, the ability of insects to survive, grow, feed and/or reproduce, or to limit insect-related damage or loss in crop plants. "Effective insect-controlling amount" may or may not mean killing the insects, although it preferably means killing the insects. [00ff6] "Expression cassette" as used herein means a nucleic acid sequence capable of directing expression of a particular nucleotide sequence in an appropriate host cell,

comprising a promoter operably linked to the nucleotide sequence of interest wliicii is
operably linked to termination signals. It also typically comprises sequences required for
proper translation of the nucleotide sequence. The expression cassette comprising the
nucleotide sequence of interest may be chimeric, meaning that at least one of its
components is heterologous with respect to at least one of its other components. The
expression cassette may also be one that is naturally occurring but has been obtained in a
recombinant form useful for heterologous expression. Typically, however, the expression
cassette is heterologous with respect to the host, i.e., the particular nucleic acid sequence
of the expression cassette does not occur naturally in the host cell and must have been
introduced into the host cell or an ancestor of the host cell by a transformation event. The
' expression of the nucleotide sequence in the expression cassette may be under the control
of a constitutive promoter or of an inducible promoter that initiates transcription only when the host cell is exposed to some particular external stimulus. In the case of a multicellular organism, such as a plant, the promoter can also be specific to a particular tissue, or organ, or stage of development.
[OMV] A "gene" is a defined region that is located within a genome and that, besides the aforementioned coding nucleic acid sequence, comprises other, primarily regulatory, nucleic acid sequences responsible for the control of the expression, that is to say the transcription and translation, of the coding portion. A gene may also comprise other 5' and 3' untranslated sequences and termination sequences. Further elements that may be present are, for example, introns.
[0(|58] "Gene of interest" refers to any gene which, when transferred to a plant, confers
uppn the plant ^ desired characteristic such as antibiotic resistance, virus resistance, insect
resistance, disease resistance, or resistance to other pests, herbicide tolerance, improved
nutritional value, improved performance in an industrial process or altered reproductive
capability. The "gene of interest" may also be one that is transferred to plants for the •
production of commercially valuable enzymes or metabolites in the plant.
[0069] A "heterologous" nucleic acid sequence is a nucleic acid sequence not naturally I associated with a host cell into which it is introduced, including non- naturally occurring multiple copies of a naturally occurring nucleic acid sequence.
[oo/o] A "homologous" nucleic acid sequence is a nucleic acid sequence naturally associated with a host cell into which it is introduced.

fOoM] "Homolo gous recombination" is the reciprocal exchange of nucleic acid fragments between homologous nucleic acid molecules.
[0(^] "Hybrid toxin" as used herein is an insecticidal toxin made by the hand of man which comprises amino acid regions or fragments of one toxin joined with amino acid regions or fragments from a different toxin. For example, without limitation, joining the C-terminal region of Vip3C, from amino acids 661-7S8 of SEQ ID NO: 2, with the N-terminal region of Vip3A, from amino acid 1-660 of SEQ ID NO; 4, creates a hybrid toxin with an amino acid sequence set forth in SEQ ED NO: 11.
[0063] Insecticidal" is defined as a toxic biological activity capable of controlling insects, preferably by killing them.
[0Q^4] A nucleic acid sequence is "isocoding with" a reference nucleic acid sequence when the nucleic acid sequence encodes a polypeptide having the same amino acid sequence as the polypeptide encoded by the reference nucleic acid sequence.
[00/65] An "isolated" nucleic acid molecule or an isolated protein or toxin is a nucleic acid molecule or protein or toxin that, by the hand of man, exists apart from its native environment and is therefore not a product of nature. An isolated nucleic acid molecule or protein or toxin may exist in a purified form or may exist in a non-native environment such as, for example, a recombinant host cell or a transgenic plant.
00^6] Native; refers to a gene that is present in the genome of an untransformed cell.
00^] Naturally occurring; the term "naturally occurring" is used to describe an object that can be found in nature as distinct from being artificially produced by man. For example, a protein or nucleotide sequence present in an organism (including a virus), which can be isolated from a source in nature and which has not been intentionally rnodified by man in the laboratory', is naturally occurring.
^JO^] A "nucleic acid molecule" or "nucleic acid sequence" is a linear segment of
single- or double-stranded DNA or RNA that can be isolated from any source. In the i
context of the present invention, the nucleic acid molecule is preferably a segment of
DNA.
A "plant" is any plant at any stage of development, particularly a seed plant. [00^0] A "plant cell" is a structural and physiological unit of a plant, comprising a protoplast and a cell wall. The plant cell may be in form of an isolated single eel! or a

cultured cell, or as a part of higher organized unit such as, for example, plant tissue,;
plant organ, or a whole plant. [OQ^l] "Plant cell culture" means cultures of plant units such as, for example, protop
cell culture cells, cells in plant tissues, pollen, pollen tubes, ovules, embryo sacs, zygotes
and embryos at various stages of development. [0072] "Plant material" refers to leaves, stems, roots, flowers or flower parts, fruits,
pollen, egg cells, zygotes, seeds, cuttings, cell or tissue cultures, or any other part or
product of a plant. [OO;^] A "plant organ" is a distinct and visibly structured and differentiated part of a
plant such as a root, stem, leaf, flower bud, or embryo. [O0/4] "Plant tissue" as used herein means a group of plant cells organized into a
structural and functional unit. Any tissue of a plant in planta or in culture is included. This
term includes, but is not limited to, whole plants, plant organs, plant seeds, tissue culture
and any groups of plant cells organized into structural and/or functional units. The use of
this term in conjunction with, or in the absence of, any specific type of plant tissue as
listed above or otherwise embraced by this definition is not intended to be exclusive of
any other type of plant tissue. [OO/5] A "promoter" is an untranslated DNA sequence upstream of the coding region that ' contains the binding site for RNA polymerase 11 and initiates transcription of the DNA.
The promoter region may also include other elements that act as regulators of gene
expression. [OO/6] A "protoplast" is an isolated plant cell without a cell wall or with only parts of the
cell wall. [00^*7] "Regulatory elements" refer to sequences involved in controlling the expression of / a nucleotide sequence. Regulatory elements comprise a promoter operably linked to the
nucleotide sequence of interest and termination signals. They also typically encompass
sequences required for proper translation of the nucleotide sequence. [00^8] A "shuffled" nucleic acid is a nucleic acid produced by a shuffling procedure such
as any shuffling procedure set forth herein. Shuffled nucleic acids are produced by recombining (physically or virtually) two or more nucleic acids (or character strings), e.g., in an artificial, and optionally recursive, fashion. Generally, one or more screening steps are used in shuffling processes to identify nucleic acids of interest; this screening

step can be performed before or after any recombination step. In some (but not a!!) shuffling embodiments, it is desirable to perform multiple rounds of recombination prioi to selection to increase the diversity of the pool to be screened. The overall process of recombination and selection are optionally repeated recursively. Depending on context, shuffling can refer to an overall process of recombination and selection, or, alternately, can simply refer to the recombinational portions of the overall process.
[0t79] Substantially identical: the phrase "substantially identical," in the context of two nucleic acid or protein sequences, refers to two or more sequences or subsequences that have at least 60%, preferably 80%, more preferably 90, even more preferably 95%, and most preferably at least 99% nucleotide or amino acid residue identity, when compared and aligned for maximum correspondence, as measured using one of the following sequence comparison algorithms or by visual inspection. Preferably, the substantial identity exists over a region of the sequences that is at least about 50 residues in length, more preferably over a region of at least about 100 residues, and most preferably the sequences are substantially identical over at least about 150 residues. In an especially preferred embodiment, the sequences are substantially identical over the entire length of the coding regions. Furthermore, substantially identical nucleic acid or protein sequences perform substantially the same function.
[00*80] For sequence comparison, typically one sequence acts as a reference sequence to which test sequences are compared. When using a sequence comparison algorithm, test and reference sequences are input into a computer, subsequence coordinates are designated if necessary, and sequence algorithm program parameters are designated. The sequence comparison algorithm then calculates the percent sequence identity for the test sequence(s) relative to the reference sequence, based on the designated program parameters.
[OQ
Group, 575 Science Dr., Madison, \Yl), or by visual inspection (see generally, Ausubel et al, iufra).
[OOK] One example of an algorithm tliat is suitable for determining percent sequence identity and sequence similarity is the BLAST algorithm, which is described in Altschul et a!., J. Mol. Biol. 215: 403-410 (1990). Software for performing BLAST analyses is publicly available through the National Center for Biotechnology Information (http://wwnv.ncbi.nlm.nih.gov/). This algorithm involves first identifying high scoring sequence pairs (HSPs) by identifying short words of length W in the quep>' sequence, which either match or satisfy some positive-valued threshold score T when aligned with a word of the same length in a database sequence. T is referred to as the neighborhood word score threshold (Altschul et a!., 1990). These initial neighborhood word hits act as seeds for initiating searches to find longer HSPs containing them. The word hits are then extended in both directions along each sequence for as far as the cumulative alignment score can be increased. Cumulative scores are calculated using, for nucleotide sequences, the parameters M (reward score for a pair of matching residues; always > 0) and N (penahy score for mismatching residues; always w083] In addition to calculating percent sequence identity, the BLAST algorithm also performs a statistical analysis of the similarity between two sequences (see, e.g., Karlin & Altschul, Proc. Nat'l. Acad. Sci. USA 90: 5873-5787 (1993)). One measure of similarity provided by the BLAST algorithm is the smallest sum probability (P(N)), which provides an indication of the probability by which a match between two nucleotide or amino acid sequences would occur by chance. For example, a test nucleic acid sequence is

considered similar to a reference sequence if the smallest sum. probability in a com.parison of the test nucleic acid sequence to the reference nucleic acid sequence is less than about 0.1, more preferably less than about 0.01, and most preferably less than about 0.001.
[OQM] Another indication that two nucleic acid sequences are substantially identical is
that the two molecules hybridize to each other under stringent conditions. The phrase
"hybridizing specifically to" refers to the binding, duplexing, or hybridizing of a molecule
only to a particular nucleotide sequence under stringent conditions when that sequence is
present in a complex mixture (e.g., total cellular) DNA or RNA. "Bind(s) substantially" |
refers to complementary hybridization between a probe nucleic acid and a target nucleic acid and embraces minor mismatches that can be accommodated by reducing the stringency of the hybridization media to achieve the desired detection of the target nucleic acid sequence.
[OaH^j "Stringent hybridization conditions" and "stringent hybridization wash conditions" ^ in the context of nucleic acid hybridization experiments such as Southern and Northern hybridizations are sequence dependent, and are different under different environmental parameters. Longer sequences hybridize specifically at higher temperatures. An extensive guide to the hybridization of nucleic acids is found in Tijssen (1993) Laboratory Techniques in Biodiemistiy and Molecular Biolog)>-Hybridization with Nucleic Acid Probes part I chapter 2 "Overview of principles of hybridization and the strategy of nucleic acid probe assays" Elsevier, New York. Generally, highly stringent hybridization and wash conditions are selected to be about 5°C lower than the thermal melting point (T,n) for the specific sequence at a defined ionic strength and pH. Typically, under "stringent conditions" a probe will hybridize to its target subsequence, but to no other sequences.
[00S6J The Tn, is the temperature (under defined ionic strength and pH) at which 50% of the target sequence hybridizes to a perfectly matched probe. Very stringent conditions are selected to be equal to the Tm for a particular probe. An example of stringent hybridization conditions for hybridization of complementary nucleic acids which have more than 100 complementan,' residues on a filter in a Southern or northern blot is 50% formamide with 1 mg of heparin at 42°C, with the hybridization being carried out overnight. An example of highly stringent wash conditions is 0.1 5M NaCl at 72°C for about 15 minutes. An example of stringent wash conditions is a 0.2x SSC wash at 65°C

for 15 minutes (.fee, Sambrook, infra, for a description of SSC buffer). Often, a high stringency wash is preceded by a low stringency wash to remove background probe signal. An example medium stringency wash for a duplex of, e.g., more than 100 nucleotides, is Ix SSC at 45°C for 15 minutes. An example low stringency wash for a duplex of, e.g., more than 100 nucleotides, is 4-6x SSC at 40°C for 15 minutes. For short probes (e.g., about 10 to 50 nucleotides), stringent conditions typically involve salt concentrations of less than about 1.0 M Na ion, typically about 0.01 to 1.0 M Na ion concentration (or other salts) at pH 7.0 to 8.3, and the temperature is typically at least about 30°C. Stringent conditions can also be achieved with the addition of destabilizing agents such as formamide. In general, a signal to noise ratio of 2x (or higher) than that obser\'ed for an unrelated probe in the particular hybridization assay indicates detection of a specific hybridization. Nucleic acids that do not hybridize to each other under stringent conditions are still substantially identical if the proteins that they encode are substantially identical. This occurs, e.g., when a copy of a nucleic acid is created using the maximum codon degeneracy permitted by the genetic code. [Owf?] The following are examples of sets of hybridization/wash conditions that may be used to clone homologous nucleotide sequences that are substantially identical to reference nucleotide sequences of the present invention: a reference nucleotide sequence preferably hybridizes to the reference nucleotide sequence in 7% sodium dodecyl sulfate (SDS), 0.5 M NaP04, 1 mM EDTA at 50°C with washing in 2X SSC, 0.1% SDS at 50°C, more desirably in 7% sodium dodecyl sulfate (SDS), 0.5 M NaP04, 1 mM EDTA at 50°C with washing in IX SSC, 0.1% SDS at 50°C, more desirably still in 7% sodium dodecyl sulfate (SDS), 0.5 M NaP04, 1 mM EDTA at SOX with washing in 0.5X SSC, 0.1% SDS at 50°C, preferably in 7% sodium dodecyl sulfate (SDS), 0.5 M NaP04, 1 mM EDTA at SOX with washing in O.IX SSC, 0.1% SDS at SO°C, more preferably in 7% sodium dodecyl sulfate (SDS), 0.5 M NaP04, 1 mM EDTA at SOX with washing in O.IX SSC, 0.1%SDSat65X. [00^] A further indication that two nucleic acid sequences or proteins are substantially identical is that the protein encoded by the first nucleic acid is immunologically cross reactive with, or specifically binds to, the protein encoded fay the second nucleic acid. Thus, a protein is typically substantially identical to a second protein, for example, where the two proteins differ only by conservative substitutions.

0089] "Synthetic" refers to a nucleotide sequence comprising structural characters that are not present in the natural sequence. For example, an artificial sequence that resembles more closely the G+C content and the normal codon distribution of dicot and/or monocot
senes is said to be synthetic.
J" 0y90] "Transformation" is a process for introducing heterologous nucleic acid into a host
cell or organism. In particular, "transformation" means the stable integration of a DNA
molecule into the genome of an organism of interest.
0/91] "Transformed / transgenic / recombinant" refer to a host organism such as a
bacterium or a plant into which a heterologous nucleic acid molecule has been introduced. The nucleic acid molecule can be stably integrated into the genome of the host or the nucleic acid molecule can also be present as an extrachromosomal molecule. Such an extrachromosomal molecule can be auto-replicating. Transformed cells, tissues, or plants are understood to encompass not only the end product of a transformation process, but also transgenic progeny thereof A "non-transformed", "non-transgenic", or "non-recombinant" host refers to a wild-type organism, e.g., a bacterium or plant, which does not contain the heterologous nucleic acid molecule.
00^2] The "Vip3 class of proteins" comprises Vip3 A(a), Vip3A(b), Vip3A(c), Vip3B, Vip3C(a), Vip3C(b), Vip3Z, and their homologues. "Homologue" is used throughout to mean that the indicated protein or polypeptide bears a defined relationship to other members of the Vip3 class of proteins. This defined relationship includes but is not limited to, 1) proteins which are at least 70%, more preferably at least 80% and most preferably at least 90% identical at the sequence level to another member of the Vip3 class of proteins while also retaining pesticidal activity, 2) proteins which are cross-reactive to antibodies which immunologically recognize another member of the Vip3 class of proteins, 3) proteins which are cross-reactive with a receptor to another member of the Vip3 class of proteins and retain the ability to induce programmed cell death, and 4) proteins which are at least 70%, more preferably at least 80% and most preferably at least 90% identical at the sequence level to the toxic core region of another member of the Vip3 class of proteins while also retaining pesticidal activity. Other Vip3 homologues have been disclosed in WO 98/18932, WO 98/33991, WO 98/00546, and WO 99/57282. [0093] Nucleotides are indicated by their bases by the following standard abbreviations:

adenine (A), c/LOsine (C), thymine (T), and guanine (G). Ammo acids are likewise indicated by the following standard abbreviations: alanine (Ala; A), arginine (Arg; R), asparagine (Asn; N), aspartic acid (Asp; D), cysteine (Cys; C), glutamine (Gin; Q), glutamic acid (Glu; E), glycine (Gly; G), histidine (His; H), isoleucine (He; 1), leucine (Leu; L), lysine (Lys; K). methionine (Met; M), phenylalanine (Phe; F), proline (Pro; P), serine (Ser; S), threonine (Thr; T), tryptophan (Trp; W), tyrosine (Tyr; Y), and valine (Val; V).
DETAILED DESCRLPTION OF THE IN\TENTION
This invention relates to nucleic acid sequences whose expression results in novel toxins, and to the making and using of the toxins to control insect pests. The nucleic acid sequences are derived from Bacillus, a gram-positive spore-forming microorganism. In particular, novel Vip3 proteins, useful as pesticidal agents, are provided.
[0)g(95] For purposes of the present invention, insect pests include insects selected from, for example, the orders Coleoptera, Diptera, Hymenoptera, Lepidoptera, Mallophaga, Homoptera, Hemiptera, Orthroptera, Thysanoptera, Dermaptera, Isoptera, Anoplura, Siphonaptera, and Trichoptera, particularly Lepidoptera.
[0W^6] Tables 1-7 give a list of pests associated with major crop plants. Such pests are included within the scope of the present invention.
Table 1
Lepidoptera
Ostrwia nubilalis, European com borer Spodoptera exigiia, beet armyworra
Agrotis ipsilon, black cutworm Pectijiophora gossypiella, pink bollworm
Helicoverpa zeg, com earworm Scirpophaga innotata, white stemborer
Spodoptera frugiperda, fall arm}'\vorm Cnaphalocwcis medinalis, leaffolder
Diatraea grandiosel/a, soutliwestem com Chilo plejadellus, rice stalk borer
borer Nymphula depunctalis, caseworm
Elasmopalpiis lignoselhis, lesser comstalk Spodoptera litiira, cut\vonn
borer Spodoptera maiiritia, rice swarming caterpillar
Diatraea saccharalis, sugarcane borer Heliohtis virescens, cotton bollworm





zea (corn eanvorm), Helioihis virescens (tobacco budworm), Spodoptera exigua (beet army'worm), Pectinophora goss)piella (pink boll wonn), Trichophtsia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electelhan (sunflower head moth). [OQJJ'S] In one preferred embodiment, the invention encompasses an isolated nucleic acid molecule comprising a nucleotide sequence that: (a) has a compliment that hybridizes to nucleotides 19S1-2367 of SEQ ED NO: 1 in 7% sodium dodecyl sulfate (SDS), 0.5 MNaP04, 1 mA4 EDTA at 50° C. with Avashing in O.IXSSC, 0,1% SDS at 65°C.; or (b) is isocoding with the nucleotide sequence of (a); or (c) comprises a consecutive 20 base pair nucleotide portion identical in sequence to a consecutive 20 base pair nucleotide portion of a nucleotide sequence of (a) or (b); or (d) has at least 93% sequence identity with SEQ ID NO: 1; or (e) encodes an amino acid sequence having at least 91% sequence identity with SEQ ID NO: 2, wherein expression of the isolated nucleic acid molecule resuhs in insect control activity. When expressed in a heterologous host, the nucleic acid molecule of SEQ ID NO: 1, SEQ ID NO: 3, SEQ ID NO: 10, and SEQ ED NO: 31 results in insect control activity against Ostrinia mibilalis (European com borer), Phitella xylosteUa (diamondback moth), Spodoptera frugiperda (fall armyworra), Agi'otis ipsilou (black cutworm), Helicoverpa zea (corn eanvorm), Heliothis virescens (tobacco budworm), Spodoptera exigiia (beet armyworm), Pectinophora goss)piella (pink boll worm), Trichophtsia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electellum (sunflower head moth), showing that the nucleotide sequence set forth in SEQ ID NO: 1, SEQ ID NO: 3, SEQ ID NO: 10, and SEQ ID NO: 31 is sufficient for such insect control activity. [OQ^] In one embodiment, the invention encompasses a nucleic acid molecule comprising a nucleotide sequence that has at least 75% sequence identity with nucleotides 1981-2367 of SEQ ID NO: 1. Preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 85% sequence identity with nucleotides 1981-2367 of SEQ ID NO: 1. More preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 95% sequence identity with nucleotides 1981-2367 of SEQ ID NO: 1. Even more preferably, the isolated nucleic acid molecule comprises a nucleotide sequence that has at least 99% sequence identity

with nucleotides 1981-2367 of SEQ ID NO: 1. Most preferably, the isolated nucleic
acid molecule comprises nucleotides 1981-2367 of SEQ ID NO: 1 or SEQ ID NO: 3.
In another embodiment, the invention encompasses a nucleic acid molecule
comprising a nucleotide sequence that has at least 93% sequence identity with SEQ ID
NO: 1. Preferably, the isolated nucleic acid molecule comprises a nucleotide sequence
that has at least 95% sequence identity with SEQ ID NO: 1. More preferably, the
isolated nucleic acid molecule comprises a nucleotide sequence that has at least 99%
sequence identity with SEQ ID NO: 1. Most preferably, the isolated nucleic acid
molecule comprises nucleotides 1-2367 of a nucleotide sequence selected from the
group consisting of SEQ ID NO: 1, SEQ ID NO: 3, SEQ ID NO: 10, SEQ ID NO: 31,
and SEQ ID NO: 33.
In yet another embodiment, the invention encompasses a nucleic acid molecule
comprised in a Bacillus tlniringiensis isolate selected from the group consisting of
C1674, designated KRRL accession B-30556; and C536, designated NRRL accession
B-30557, In a preferred embodiment, the invention encompasses a nucleic acid
molecule comprised in an^. coli clone selected from the group consisting of
pNOV3910, designated NRRL accession B-30553; pNOV3911, designated NRRL
accession B-30552; pNOV3906, designated NRRL accession B-30555; pNOV3905,
designated NRRL accession B-30554; and pNOV3912, designated NRRL accession
B-30551, whose expression results in an insecticidal toxin.
00 W2] The present invention also encompasses an isolated nucleic acid molecule
which encodes a toxin comprising an amino acid sequence with at least 75% identity
with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Preferably,
the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence
which has at least 85%> identity with amino acids 661-788 of the amino acid sequence
of SEQ ID NO: 2. More preferably, the isolated nucleic acid molecule encodes a toxin '
comprising an amino acid sequence which has at least 95% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Even more preferably, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has at least 99% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Most preferably, the isolated nucleic acid molecule encodes a toxin comprising amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2.

fOM^SJ In another embodiment, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has 91% identity to the amino acid sequence set forth in SEQ ID NO: 2. Preferably, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has 95% identity to the amino acid sequence set forth in SEQ ID NO: 2. More preferably, the isolated nucleic acid molecule encodes a toxin comprising an amino acid sequence which has 99% identity to the amino acid sequence set forth in SEQ ID NO: 2. Most preferably, the isolated nucleic acid molecule encodes a toxin comprising the amino acid sequence set forth in SEQ ID NO: 2, SEQ ID NO: 11, or SEQ ID NO: 32. [00 W)4] The present invention also encompasses recombinant vectors comprising the ' nucleic acid sequences of this invention. In such vectors, the nucleic acid sequences are preferably comprised in expression cassettes comprising regulatory elements for expression of the nucleotide sequences in a transgenic host cell capable of expressing the nucleotide sequences. Such regulatory elements usually comprise promoter and termination signals and preferably also comprise elements allowing efficient translation of polypeptides encoded by the nucleic acid sequences of the present invention. Vectors comprising the nucleic acid sequences are usually capable of replication in particular host cells, preferably as extracliromosomal molecules, and are therefore used to amplify the nucleic acid sequences of this invention in the host cells. In one embodiment, host cells for such vectors are microorganisms, such as bacteria, in particular E. coli. In another embodiment, host cells for such recombinant vectors are endophytes or epiphytes. A preferred host cell for such vectors is a eukaryotic cell, such as a 3'east cell, a plant cell, or an insect cell. Plant cells such as maize cells or cotton are most preferred host cells. In another preferred embodiment, such vectors are viral vectors and are used for replication of the nucleotide sequences in particular host cells, e.g. insect cells or plant cells. Recombinant vectors are also used for transformation of the nucleotide sequences of this invention into transgenic host cells, whereby the nucleotide sequences are stably integrated into the DNA of such transgenic host cells. In one, such transgenic host cells are prokaryotic cells. In a preferred embodiment, such transgenic host cells are eukarj'Otic cells, such as yeast cells, insect cells, or plant cells. In a most preferred embodiment, the transgenic host cells are plant cells, such as maize cells or cotton cells.

[Oft2^5] In yet another aspect, the present invention provides toxins produced by the expression of the nucleic acid molecules of the present invention.
[00f06] In preferred embodiments, the insecticidal toxins of the invention comprise a polypeptide encoded by a nucleotide sequence of the invention. In a flirther preferred embodiment, the toxin is produced by a Bacillus thuringietisis isolated selected from the group consisting of CI674, designated NRRL accession B-30556; and C536, designated NRRL accession B-30557.
[0j/l07] In another embodiment, the toxins are produced by ani^. coli clone selected from the group consisting of pNOV3910, designated NRRL accession B-30553; pNOV3911, designated NRRL accession B-30552; pNOV3906, designated NRRL accession B-30555; pNOV3905, designated NRRL accession B-30554; and pNOV3912, designated NRRL accession B-3055L In a preferred embodiment, the toxin is produced by the expression of the nucleic acid molecule comprising nucleotides 1-2367 of SEQIDNO: 1 or nucleotides 1-2367 of SEQIDNO: 3,or nucleotides 1-2367 of SEQ EDNO: 10, or nucleotides 1-2367 of SEQ IDNO: 31.
[0(m)S] The present invention encompasses a toxin which comprises an amino acid sequence which has at least 75% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Preferably, the toxin comprises an amino acid sequence which has at least 85% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Even more preferably, the toxin comprises an amino acid sequence which has at least 95%) identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Even more preferably, the toxin comprises an amino acid sequence which has at least 99% identity with amino acids 661-788 of the amino acid sequence of SEQ ID NO: 2. Most preferably, the toxin comprises amino acids 661-788 of SEQ IDNO: 2. [OQwb] In another preferred embodiment, a toxin of the present invention comprises an amino acid sequence which has at least 91% Identity with the amino acid sequence set forth in SEQ ID NO: 2. Preferably, the toxin comprises an amino acid sequence Avhich has at least 95%) identity with the amino acid sequence set forth in SEQ ID NO: 2. More preferably, the toxin comprises an amino acid sequence which has at least 99% identhy with the amino acid sequence set forth in SEQ ID NO: 2. Most preferably, the

toxin comprises the amino acid sequence set forth in SEQ ED NO: 2, SEQ ID NO: 11, orSEQIDNO:32.
[(K^TlO] The toxins of the present invention have insect control activity when tested against insect pests inbioassays. In another preferred embodiment, the toxins of the invention are active against lepidopteran insects, preferably against Ostrijiia mibilalis (European corn borer), Plutella xylostella (diamondback moth), Spodopterafnigiperda (fall arm>n\'orm), Agrotis ipsilon (black cutworm), HeJicoverpa zea (corn earworm), Heliothis virescens (tobacco budworm), Spodoptera exigiia (beet armyworm), Pecthiophora goss)'piella (pink boll worm), Trichophisia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electelliim (sunflower head moth). The insect controlling properties of the insecticidal toxins of the invention are further illustrated in Examples 6, 8, 9 and 13.
[OQdll] The present invention also encompasses hybrid toxins which are active against insects, wherein the hybrid toxins are encoded by nucleic acid molecules comprising a nucleotide sequence that: (a) has a compliment that hybridizes to nucleotides 1981-2367 of SEQ ED NO: 1 in 7% sodium dodecyl sulfate (SDS), 0.5 MNaP04, 1 mM EDTA at 50° C. with washing in O.IXSSC, 0.1% SDS at 65°C.; or (b) is isocoding with the nucleotide sequence of (a); or (c) comprises a consecutive 20 base pair nucleotide portion identical in sequence to a consecutive 20 base pair nucleotide portion of a nucleotide sequence of (a) or (b), wherein expression of the nucleic acid molecule results in insect control activity. In a preferred embodiment, the hybrid toxin is encoded by the approximately 2.4 kb DNA fragment comprised in pN0V3912, deposited in iheE. coli strain DHSa designated NRRL accession B-3055I, whose expression results in an insecticidal hybrid toxin. Specifically exemplified herein is a hybrid toxin that is encoded by the nucleotide sequence set forth in SEQ ID NO: 10. When expressed in a heterologous host, the nucleic acid molecule of SEQ ID NO: 10 results in insect control activity against Ostrinia nubilalis (European corn borer), Plutella xylostella (diamondback moth), Spodopterafnigiperda (fall armyworm), Agj-otis ipsilon (black cutworm), Helicoverpa zea (corn earworm), Heliothis virescens (tobacco budworm), Spodoptera exigua (beet armyworm), Pectinophora gossypiella (pink boll worm), Trichoplusia ni (cabbage looper), Cochyles hospes (banded sunflower moth), and Homoeosoma electellum (sunflower head moth). The insect

controlling properties of the exemplified hybrid toxin of the invention is fUrther illustrated in Example 9. )0112] The present invention also encompasses hybrid toxins active against insects that comprise a carboxy-terminal region of a Vip3 toxin joined in the amino to carboxy direction to an amino-terminal region of a different Vip3 toxin, wherein the carboxy-terminal region comprises an amino acid sequence which has at least 75% identity, preferably at least 85% identity, more preferably at least 95% identity, most preferably at least 99% identity, with amino acids 661-788 of SEQ ID NO: 2; and wherein the amino-terminal region has at least 75% identity, preferably at least 85% identity, more preferably at least 95% identity, most preferably at least 99% identity, with amino acids 1-660 of SEQ ID NO: 5. In a preferred embodiment, the carboxy-terminal region comprises amino acids 661-788 of SEQ ID NO: 2, and the amino-terminal region comprises amino acids 1-660 of SEQ ID NO: 65 In a more preferred embodiment, the hybrid toxin comprises amino acids 1-788 of SEQ ID NO: 11.
In further embodiments, the nucleotide sequences of the invention can be modified by incorporation of random mutations in a technique known as /;? vitro recombination or DNA shuffling. This teclinique is described in Stemmer ei al. Nature 370:389-391 (1994) and U.S. Patent 5,605,793, which are incorporated herein by reference. Millions of mutant copies of a nucleotide sequence are produced based on an original nucleotide sequence of this invention and variants with improved properties, such as increased insecticidal activity, enhanced stability, or different specificity or range of target insect pests are recovered. The method encompasses forming a mutagenized double-stranded polynucleotide from a template double-stranded polynucleotide comprising a nucleotide sequence of this invention, wherein the template double-stranded polynucleotide has been cleaved into double-stranded-random fragments of a desired size, and comprises the steps of adding to the resultant population of double-stranded random fragments one or more single or double-stranded oligonucleotides, wherein said oligonucleotides comprise an area of identity and an area of heterology to the double-stranded template polynucleotide; denaturing the resultant mixture of double-stranded random fragments and oligonucleotides into single-stranded fragments; incubating the resultant population of single-stranded fragments with a polymerase under conditions which result in the annealing of said

single- stranded fragments at said areas of identity to form pairs of annealed fragments, said areas of identity being sufficient for one member of a pair to prime replication of the other, thereby forming a mutagenized double-stranded polynucleotide; and repeating the second and third steps for at least two further cycles, wherein the resultant mixture in the second step of a fijrther cycle includes the mutagenized double-stranded polynucleotide from the third step of the previous cycle, and the fLirther cycle forms a further mutagenized double-stranded polynucleotide. In a preferred embodiment, the concentration of a single species of double- stranded random fragment in the population of double-stranded random fragments is less than 1% by weight of the total DNA. In a fuilher preferred embodiment, the template double-stranded polynucleotide comprises at least about 100 species of polynucleotides. In another preferred embodiment, the size of the double-stranded random fragments is from about 5 bp to 5 kb. In a further preferred embodiment, the fourth step of the method comprises repeating the second and the third steps for at least 10 cycles.
Expression of the Nucleotide Sequences in Heterologous Microbial Hosts
[00Kf4] As biological insect control agents, the insecticidal toxins are produced by expression of the nucleotide sequences in heterologous host cells capable of expressing the nucleotide sequences. In a first embodiment, B. thnringiensis ceils comprising modifications of a nucleotide sequence of tliis invention are made. Such modifications encompass mutations or deletions of existing regulatory elements, thus leading to altered expression of the nucleotide sequence, or the incorporation of new regulatory elements controlling the expression of the nucleotide sequence. In another embodiment, additional copies of one or more of the nucleotide sequences are added to Bacillus thnringiensis cells either by insertion into the cliromosome or by introduction of extrachromosomally replicating molecules containing the nucleotide sequences. .
[00^] In another embodiment, at least one of the nucleotide sequences of the invention is inserted into an appropriate expression cassette, comprising a promoter and termination signals. Expression of the nucleotide sequence is constitutive, or an inducible promoter responding to various tj'pes of stimuli to initiate transcription is

used. In a preferred embodiment, the cell in which the toxin is expressed is a microorganism, such as a virus, a bacteria, or a fungus. In a preferred embodiment, a virus, such as a baculovirus, contains a nucleotide sequence of the invention in its genome and expresses large amounts of the corresponding insecticidal toxin after infection of appropriate eukar}'otic cells that are suitable for virus replication and expression of the nucleotide sequence. The insecticidal toxin thus produced is used as an insecticidal agent. .AJternatively, baculoviruses engineered to include the nucleotide sequence are used to infect insects in vivo and kill them either by expression of the insecticidal toxin or by a combination of viral infection and expression of the insecticidal toxin.
[00^6] Bacterial cells are also hosts for the expression of the nucleotide sequences of the invention. In a preferred embodiment, non-pathogenic symbiotic bacteria, which are able to live and replicate within plant tissues, so-called endophytes, or non¬pathogenic symbiotic bacteria, which are capable of colonizing the phyllosphere or the rhizosphere, so-called epiphytes, are used. Such bacteria include bacteria of the genera Agi-obacterium, Alcaligenes, AzospiriUwv, Azotobacler, Bacilbis, Clcn'ibacler, Enterobacter, Envinia, Flcn'obacter, Klebsiella, Pseudomouas, RJiizobim??, Seiratia, Streptomyces and Xanthomonas. Symbiotic fungi, such as Trichodenna and Gliocladiiim are also possible hosts for expression of the inventive nucleotide sequences for the same purpose.
00J^7] Techniques for these genetic manipulations are specific for the different
available hosts and are known in the art. For example, the expression vectors pKK223-3 and pKK223-2 can be used to express heterologous genes in^. coli, either in transcriptional or translational fusion, behind the tac or trc promoter. For the expression of operons encoding multiple ORFs, the simplest procedure is to insert the operon into a vector such as pKK223- 3 in transcriptional fiision, allowing the cognate ribosome binding site of the heterologous genes to be used. Techniques for overexpression in gram-positive species such as Bacillus are also known in the art and can be used in the context of this invention (Quax et al. InTndustrial Microorganisms:Basic and Applied Molecular Genetics, Eds. Baltz et al., .American Society for Microbiology, Washington (1993)). Alternate systems for overexpression rely for example, on yeast vectors and include the use of Pichia, Saccharomyces and

K]u>'\'eromyces (Sreekrishna, InJndustrial microorganisms:basic and applied molecular genetics, Baltz, Hegeman, and Skatrud eds., American Society for Microbiology, Washington (1993); Dequin & Barre, Biotechnology L2:173- 177 (1994); van den Berg et al.. Biotechnology 8:135-139 (1990)).
*lant transformation
OOfiS] In a particularly preferred embodiment, at least one of the insecticidal toxins of the invention is expressed in a higher organism, e.g., a plant. In this case, transgenic plants expressing effective amounts of the toxins protect themselves from insect pests. When the insect starts feeding on such a transgenic plant, it also ingests the expressed toxins. This will deter the insect from ftirther biting into the plant tissue or may even harm or kill the insect. A nucleotide sequence of the present invention is inserted into an expression cassette, which is then preferably stably integrated in the genome of said plant. In another preferred embodiment, the nucleotide sequence is included in a non¬pathogenic self- replicating virus. Plants transformed in accordance with the present invention may be monocots or dicots and include, but are not limited to, maize, wheat, barley, r>'e, sweet potato, bean, pea, chicory, lettuce, cabbage, cauliflower, broccoli, turnip, radish, spinach, asparagus, onion, garlic, pepper, celery, squash, pumpkin, hemp, zucchini, apple, pear, quince, melon, plum, cherry, peach, nectarine, apricot, strawberry, grape, raspberry, blackberry, pineapple, avocado, papaya, mango, banana, soybean, tomato, sorghum, sugarcane, sugar beet, sunflower, rapeseed, clover, tobacco, carrot, cotton, alfalfa, rice, potato, eggplant, cucumber, .'\rabidopsis, and woody plants such as coniferous and deciduous trees.
001/9] Once a desired nucleotide sequence has been transformed into a particular plant species, it may be propagated in that species or moved into other varieties of the same species, particularly including commercial varieties, using traditional breeding techniques.
[001^] A nucleotide sequence of this invention is preferably expressed in transgenic plants, thus causing the biosynthesis of the corresponding toxin in the transgenic plants. In this way, transgenic plants with enhanced resistance to insects are generated. For their expression in transgenic plants, the nucleotide sequences of the invention

may require modification and optimization. Although in many cases genes from microbial organisms can be expressed in plants at high levels without modification, low expression in transgenic plants may result from microbial nucleotide sequences having codons that are not preferred in plants. It is known in the art that all organisms have specific preferences for codon usage, and the codons of the nucleotide sequences described in this invention can be changed to conform with plant preferences, while maintaining the amino acids encoded thereby. Furthermore, high expression in plants is best achieved from coding sequences that have at least about 35% GC content, preferably more than about 45%, more preferably more than about 50%), and most preferably more than about 60%. Microbial nucleotide sequences that have low GC contents may express poorly in plants due to the existence of ATTTA motifs that may destabilize messages, and AATAAA motifs that may cause inappropriate polyadenylation. Although preferred gene sequences may be adequately expressed in both monocotyledonous and dicotyledonous plant species, sequences can be modified to account for the specific codon preferences and GC content preferences of monocotyledons or dicotyledons as these preferences have been shown to differ (Murray ei al. Nucl. Acids Res. 17:477-498 (1989)). In addition, the nucleotide sequences are screened for the existence of illegitimate splice sites that may cause message truncation. All changes required to be made within the nucleotide sequences such as those described above are made using well known techniques of site directed mutagenesis, PCR, and synthetic gene construction using the methods described in the published patent applications EP 0 385 962 (to Monsanto), EP 0 359 472 (to Lubrizol, and WO 93/07278 (to Ciba-Geigy).
In one embodiment of the invention synthetic genes are made according to the
procedure disclosed in U.S. Patent 5,625,136, herein incorporated by reference. In this
procedure, maize preferred codons, i.e., the single codon that most frequently encodes '
that amino acid in maize, are used. The maize preferred codon for a particular amino acid can be derived, for example, from known gene sequences from maize. Maize codon usage for 28 genes from maize plants is found in Murray et al. Nucleic Acids Research 17:477-498 (1989), the disclosure of which is incorporated herein by reference. Specifically exemplified synthetic sequences of the present invention made with maize optimized codons are set forth in SEQ ID NO: 3 and SEQ ID NO: 33.

[00^2] In this manner the nucleotide sequences can be optimized for expression in any plant. It is recognized that all or any part of the gene sequence may be optimized or synthetic. That is, synthetic or partially optimized sequences may also be used. [00/^3] For efficient initiation of translation, sequences adjacent to the initiating methionine may require modification. For example, they can be modified by the inclusion of sequences known to be effective in plants. Joshi has suggested an appropriate consensus for plants (NAR 15:6643-6653 (1987)) and Clonetech suggests a further consensus translation initiator (1993/1994 catalog, page 210). These consensuses are suitable for use with the nucleotide sequences of this invention. The sequences are incorporated into constructions comprising the nucleotide sequences, up to and including the ATG (whilst leaving the second amino acid unmodified), or alternatively up to and including the GTC subsequent to the ATG (with the possibility of modifying the second amino acid of the transgene). [001*24] The novel vip3 toxin genes of the present invention, either as their native ' sequence or as optimized synthetic sequences as described above, can be operably fiased to a variety of promoters for expression in plants including constitutive, inducible, temporally regulated, developmentally regulated, chemically regulated, tissue-preferred and tissue-specific promoters to prepare recombinant DNA molecules, i.e., chimeric genes. The choice of promoter will vary depending on the temporal and spatial requirements for expression, and also depending on the target species. Thus, expression of the nucleotide sequences of this invention in leaves, in stalks or stems, in ears, in inflorescences (e.g. spikes, panicles, cobs, etc.), in roots, and/or seedlings is preferred. In many cases, however, protection against more than one type of insect pest is sought, and thus expression in multiple tissues is desirable. Although many promoters from dicotyledons have been shown to be operational in monocotyledons and vice versa, ideally dicotyledonous promoters are selected for expression in dicotyledons, and monocotyledonous promoters for expression in monocotyledons. However, there is no restriction to the provenance of selected promoters; it is sufficient that they are operational in driving the expression of the nucleotide sequences in the desired cell. [00^] Preferred constitutive promoters include the CaN-IV 35S and 19S promoters (Fraley elai, U.S. Pat. No. 5,352,605 issued Oct. 4, 1994). An additionally preferred

promoter is derived from any one of several of the actin genes, which are expressed in most cell types. The promoter expression cassettes described by McElroy et al. (Mol. Gen. Genet. 231: 150-160 (1991)) can be easily modified for the expression of the novel toxin gene and are particularly suitable for use in monocotyledonous hosts. OOlf^] Yet another preferred constitutive promoter is derived irom ubiquitin, which is another gene product known to accumulate in many cell types. A ubiquitin promoter has been cloned from several species for use in transgenic plants, for example, sunflower (Binet et al., 1991. Plant Science 79: 87-94), maize (Cliristensen et al., 1989. Plant Molec. Biol. 12: 619-632), and arabidopsis (Norris et al. 1993. Plant Molec. Biol. 21:895-906). The maize ubiquitin promoter has been developed in transgenic monocot systems and its sequence and vectors constructed for monocot transformation are disclosed in the patent publication EP 0 342 926. The ubiquitin promoter is suitable for the expression of the novel toxin gene in transgenic plants, especially monocotyledons. 00^7] Tissue-specific or tissue-preferential promoters usefijl for the expression of the novel toxin genes of the invention in plants, particularly maize, are those that direct expression in root, pith, leaf or pollen. Such promoters are disclosed in WO 93/07278, herein incorporated by reference in its entirety. Other tissue specific promoters useful in the present invention include the cotton rubisco promoter disclosed in US Patent 6,040,504; the rice sucrose synthase promoter disclosed in US Patent 5,604,121; and the oestrum yellow leaf curling vims promoter disclosed in WO 01/73087, all incorporated by reference. Chemically inducible promoters useful for directing the expression of the novel toxin gene in plants are disclosed in US Patent 5,614,395 herein incorporated by reference in its entirety.
[OWflS] The nucleotide sequences of this invention can also be expressed under the
regulation of promoters that are chemically regulated. This enables the Vip3 toxins to >
be synthesized only when the crop plants are treated with the inducing chemicals. Preferred technology for chemical induction of gene expression is detailed in the published application EP 0 332 104 (to Ciba- Geigy) and U.S. Patent 5,614,395. A preferred promoter for chemical induction is the tobacco PR-la promoter.
[00LB9] A preferred category' of promoters is that which is wound inducible. Numerous promoters have been described which are expressed at wound sites and also at the sites

of ph>topathogen infection. Ideally, such a promoter should only be active locally at the sites of infection, and in this way the insecticidal toxins only accumulate in cells that need to synthesize the insecticidal toxins to kill the invading insect pest. Preferred promoters of this kind include those described by Stanford et al. Mol. Gen. Genet. 215:200-208 (1989), Xu et al. Plant Molec. Biol. 22:573-588 (1993), Logemann e/a/. Plant Cell 1:151-158 (1989), Rohrmeier & Lehle, Plant Molec. Biol. 22:783-792 (1993), Firek e/al. Plant Molec. Biol. 22:129-142 (1993), and Warner etal. Plant J. 3:191-201(1993). 3^0] Preferred tissue specific expression patterns include green tissue specific, root specific, stem specific, and flower specific. Promoters suitable for expression in green tissue include many that regulate genes involved in photosynthesis and many of these have been cloned from both monocotyledons and dicotyledons, A preferred promoter is the maize PEPC promoter fi-om the phosphoenol carboxylase gene (Hudspeth & Grula, Plant Molec. Biol. 12:579-589 (1989)). A preferred promoter for root specific expression is that described by de Framond (FEBS 290:103-106 (1991); EP 0 452 269 to Ciba- Geigy). A preferred stem specific promoter is that described in U.S. Patent 5,625,136 (to Ciba-Geigy) and which drives expression of the maize trpA gene. )131] Further preferred embodiments are transgenic plants expressing the nucleotide
sequences in a wound-inducible or pathogen infection-inducible manner. )/^2] In addition to the selection of a suitable promoter, constructions for expression of an insecticidal toxin in plants require an appropriate transcription terminator to be attached downstream of the heterologous nucleotide sequence. Several such terminators are available and known in the art (e.g. tml from CaMV, E9 from rbcS). Any available terminator known to fianction in plants can be used in the context of this invention.
)L2»3] Numerous other sequences can be incorporated into expression cassettes described in this invention. These include sequences that have been shown to enhance expression such as intron sequences (e.g. from Adhl and bronzel) and viral leader sequences (e.g. from TMV, MCMV and AMV).
It may be preferable to target expression of the nucleotide sequences of the present invention to different cellular localizations in the plant. In some cases, localization in the cytosol may be desirable, whereas in other cases, localization in

some subcellular organelle may be preferred. Subcellular localization of transgene-
encoded enzymes is undertaken using techniques well known in the art. Typically, the
DNA encoding the target peptide from a known organelle-targeted gene product is
manipulated and fused upstream of the nucleotide sequence. Many such target
sequences are known for the chloroplast and their functioning in heterologous
constructions has been shown. The expression of the nucleotide sequences of the
present invention is also targeted to the endoplasmic reticulum or to the vacuoles of
the host cells. Techniques to achieve this are well known in the art.
0^5] Numerous transformation vectors available for plant transformation are known
to those of ordinary skill in the plant transformation art, and the nucleic acid molecules
of the invention can be used in conjunction with any such vectors. The selection of
vector will depend upon the preferred transformation technique and the target plant
species for transformation. For certain target species, different antibiotic or herbicide
selection markers may be preferred. Selection markers used routinely in
transformation include the nptll gene, which confers resistance to kanamycin and
related antibiotics (Messing & Vierra., 1982. Gene 19: 259-268; and Bevan et al.,
1983. Nature 304:184-187), the bar gene, which confers resistance to the herbicide
phosphinothricin (White et al, 1990. Nucl. Acids Res 18: 1062, and Spencer el al,
1990. Theor. Appl. Genet 79: 625-631), the hph gene, which confers resistance to the
antibiotic hygromycin (Blochinger & Diggelmann, Mol Cell Biol 4: 2929-2931), and
the dhji- gene, which confers resistance to methatrexate (Bourouis et al., 1983. EMBO
J. 2(7): 1099-1104), the EPSPS gene, which confers resistance to glyphosate (U.S.
Patent Nos. 4,940,935 and 5,188,642), and the mannose-6-phosphate isomerase gene,
which provides the ability to metabolize mannose (U.S. Patent Nos. 5,767,378 and
5,994,629), The choice of selectable marker is not, however, critical to the invention.
Ol^] In another preferred embodiment, a nucleotide sequence of the present •
invention is directly transformed into the plastid genome. A major advantage of plastid transformation is that plastids are generally capable of expressing bacterial genes without substantial modification, and plastids are capable of expressing multiple open reading frames under control of a single promoter. Plastid transformation technology is extensively described in U.S. Patent Nos. 5,451,513, 5,545,817, and 5,545,818, inPCT application no. WO 95/16783, and in McBride et aL (1994) Proc. Nati. Acad. Sci.

USA 91, 7301-7305. The basic technique for chloroplast transformation involves introducing regions of cloned plastid DNA flanking a selectable marker together with the gene of interest into a suitable target tissue, e.g., using biolistics or protoplast transformation (e.g., calcium chloride or PEG mediated transformation). The 1 to 1.5 kb flanking regions, termed targeting sequences, facilitate homologous recombination with the plastid genome and thus allovv' the replacement or modification of specific regions of the plastome. Initially, point mutations in the chloroplast 16S rRNA and rpsl2 genes conferring resistance to spectinomycin and/or streptomycin are utilized as selectable markers for transformation (Svab, Z., Hajdukiewicz, P., and Maliga, P. (1990) Proc. Nati. Acad. Sci. USA 87, 8526-8530; Staub, I M., and Maliga, P. (1992) Plant Cell 4, 39-45). This resulted in stable homoplasmic transformants at a frequency of approximately one per 100 bombardments of target leaves. The presence of cloning sites between these markers allowed creation of a plastid targeting vector for introduction of foreign genes (Staub, J.M., and Maliga, P. (1993) ElVffiO J. 12, 601-606). Substantial increases in transformation frequency are obtained by replacement of the recessive rRNA or r-protein antibiotic resistance genes with a dominant selectable marker, the bacterial aadA gene encoding the spectinomycin-cletoxifying enzyme aminoglycoside- 3'- adenyhransf erase (Svab, Z., and Maliga, P. (1993) Proc. Natl. Acad. Sci. USA 90, 913-917). Previously, this marker had been used successfully for high-frequency transformation of the plastid genome of the green alga Chlamydomonas reinhardtii (Goldschmidt- Clermont, M. (1991) Nucl. Acids Res. 19;4083r4089). Other selectable markers useful for plastid transformation are known in the art and encompassed within the scope of the invention. Typically, approximately 15-20 cell division cycles following transformation are required to reach a homoplastidic state. Plastid expression, in which genes are inserted by homologous recombination into all of the several thousand copies of the circular plastid genome present in each plant cell, takes advantage of the enormous copy number advantage over nuclear- expressed genes to permit expression levels that can readily exceed 10% of the total soluble plant protein. In a preferred embodiment, a nucleotide sequence of the present invention is inserted into a plastid-targeting vector and transformed into the plastid genome of a desired plant host. Plants homoplastic for plastid genomes

containing a nucleotide sequence of the present invention are obtained, and are preferentially capable of high expression of the nucleotide sequence.
!ombinations of Insect Control Principles
3Qf^] The pesticidal toxins of the invention can be used in combination with Bt 5-endotoxins or other pesticidal principles to increase pest target range. Furthermore, the use of the pesticidal toxins of the invention in combination with Bt 5-endotoxins or other pesticidal principles of a distinct nature has particular utility for the prevention and/or management of insect resistance.
0^38] The various insecticidal crystal proteins from Bacillus tlniringiensis have been classified based upon their spectrum of activity and sequence similarity. The classification put forth by Hofte and Whiteley, Microbiol. Rev. 53; 242-255 (1989) placed the then known insecticidal crystal proteins into four major classes. Generally, the major classes are defined by the spectrum of activity, with the Cryl proteins active against Lepidoptera, Cryl proteins active against both Lepidoptera and Diptera, Cry3 proteins active against Coleoptera, and Cry4 proteins active against Diptera.
3My9] Within each major class, the 5-endotoxins are grouped according to sequence similarity. The Cryl proteins are typically produced as 130-140 kDa protoxin proteins that are proteolytically cleaved to produce active toxins that are about 60-70 kDa. The active portion of the 5-endotoxin resides in the NH2 -terminal portion of the full-length molecule. Hofte and Whiteley, supra, classified the then known Cryl proteins into six groups, 1 Aa, lAb, 1 Ac, IB, IC, and ID. Since then, proteins classified as CrylEa, CrylFa, Cry9A, Cry9C and Cry9B, as well as others, have also been characterized. [OQfMO] The spectrum of insecticidal activity of an individual 5-endotoxin from
Bacillus tlmringieusis tends to be quite narrow, with a given 6-endotoxin being active against only a few insects. Specificity is the result of the efficiency of the various steps involved in producing an active toxin protein and its subsequent ability to interact with the epithelial cells in the insect digestive tract. In one preferred embodiment, expression of the nucleic acid molecules of the invention in transgenic plants is

accompanied b}' the expression of one or more Bt 5-endotoxins. Particularly preferred Bt 6-endotoxins are those disclosed in U.S. Patent 5,625,136, herein incorporated by reference.
[00^] It is well known that many 5-endotoxin proteins from Bacillus llniringiensis are actually expressed as protoxins. These protoxins are solubilized in the alkaline environment of the insect gut and are proteol>1;ically converted by proteases into a toxic core fragment (Hofte and Whiteley, Microbiol. Rev. 53: 242-255 (1989)). For 5-endotoxin proteins of the Cry] class, the toxic core fragment is localized in the N-terminal half of the protoxin. It is within the scope of the present invention that genes encoding either the flill-length protoxin form or the truncated toxic core fragment of the novel toxin proteins can be used in plant transformation vectors to confer insecticidal properties upon the host plant.
[001/K] Other insecticidal principles include protease inhibitors (both serine and cysteine types), lectins, a-amylase, peroxidase and cholesterol oxidase. Other Vip genes, such as i'//7lA(a) and v7/72A(a) as disclosed in U.S. Pat. No. 5,849,870 and herein incorporated by reference, are also useful in the present invention.
[00^43] This co-expression of more than one insecticidal principle in the same transgenic plant can be achieved by genetically engineering a plant to contain and express all the genes necessary. Alternatively, a plant, Parent 1, can be genetically engineered for the expression of genes of the present invention. A second plant. Parent 2, can be genetically engineered for the expression of a supplemental insect control principle. By crossing Parent 1 with Parent 2, progeny plants are obtained which express all the genes introduced into Parents 1 and 2.
[0^4] The present invention further encompasses variants of the disclosed nucleic acid molecules. Naturally occurring variant sequences can be identified and/or isolated with the use of well-known molecular biology techniques, as, for example, with PCR and hybridization techniques as outlined below.
[00*^5] Variant vip3 nucleotide sequences include synthetically derived nucleotide sequences, such as those generated, for example, by using site-directed mutagenesis or those made by whole domain swaps, but which still exhibit pesticidal activity. Methods for mutagenesis and nucleotide sequence alterations are well known in the art. See, for example, Kunkel (1985) Proc. Natl. Acad. Sci. USA 82:488-492; Kunkel

etal. (19S7) Methods in Enzymol. 154:367-382; U.S. Pat. No. 4,873,192; Walker and Gaastra, eds. (19S3) Techniques in Molecular Biology (MaciMillanPubhshing Company, New Yoik) and the references cited therein. Generally, a nucleotide sequence of the invention will have at least S0%, preferably S5°/o, 90°'o, 95%. up to 9S% or more sequence identity to its respective reference vip3 nucleotide sequence, and have pesticidal activity.
1^46] Variant vipj nucleotide sequences also encompass sequences derived from a mutagenic and recombinogenic procedure such as DNA shuffling, With such a procedure, one or more different v//'3 sequences of the present invention, for example, without limitation, v/p3C(a), vip3C(h), v//;3A-C, and v!p3C-l2\6S can be recombined together or with other vip^3 or related sequences, for example, and without limitation, v(>3 A (SEQ ID NO; 4), vfp3B (SEQ ID NO: 6), and vfp3Z (SEQ tD NO: S), to create new vtpj nucleic acid molecules encoding Vip3 toxins possessing the desired properties. In this manner, libraries of recombinant v!p3 polynucleotides are generated from a population of sequence related vip3 polynucleotides comprising sequence regions that have substantial sequence identity and can be homologously recombined in vitro or /// vivo Strategies for such DNA shuffling are known in the art. See, for example, Stemmer (1994)Proc. Natl. Acad, Sci. USA 91:!0747-10751; Stemmer (1994) Nature 370:389-391; Crameri et al. (1997) Nature Biotech. 15:436-438; Moore et al. (1997) J. Mol. Biol, 272:336-347; Zhang et al. (1997) Proc. Natl. Acad, Sci, USA 94:4504-4509, Crameri et al, (1998) Nature 391:288-291; International Patent Application WO 99/57128, and U.S. Pat. Nos. 5,605,793, 5,837,458 and 6,335,179. f41\ Mutagenesis methods as disclosed herein can be combined with high-hroughput, screening methods to detect the pesticidal activity of cloned, mutagenized v'ipS polypeptides in host cells. Mutagenized DNA molecules that encode active Vip3 )olypeptides (e.g., secreted and detected by antibodies; or insecticidal in an insect lioassay) can be recovered from the host cells and rapidly sequenced using standard trt procedures. These methods allow the rapid determination of the imponance of ■ ndividuai amino acid residues in a Vip3 polypeptide of interest, and can be applied to polypeptides of unknown structure.
The libraries of recombinant vrp3 genes that are produced using DNA shuffling methods are screened to Identify those that exhibit improved properties for use in

protecting plants against pests. Included among propenies for which DNA shuffling is useful for obtaining improved v/p3 pest resistance genes are increased potency against a target pest, increased target pest range, decreased susceptibility to development of resistance by pests, increased expression level, increased resistance to protease degradation, increased stability in environmental conditions, and reduced toxicity to a host plant. By using an appropriate screening strategy, one can simultaneously or sequentially obtain vip'i genes that are optimized for more than one property,
i^W9] DNA shuffling is useful for obtaining vip'i pest resistance genes that encode toxins that exhibit enhanced potency against a target pest. Once the shuffling is completed, the resulting library of shuffled vipl, genes is screened to identify' those that exhibit enhanced pesticida! activity. One way of performing this screening is to clone the protein-coding region of the shuffled \'ip3 genes into an expression vector that is suitable for expressing the genes in a chosen host cell such as, for example, E. coli or a crystal minus strain of Bacillus ihiiniigiensis. One skilled in the art will recognize the advantages and disadvantages of using either of these two expression systems. For example, Bacillus ihuringiemis would be more desirable in producing secreted Vip3 proteins. If desired, clones can be subjected to a preliminary screen, for example, by immunoassay, to identify those that produce a Vip3 protein of the correct size. Those that are positive in the preliminary screen are then tested in a functional screen to identify shuffled vip3 genes that encode a toxin having the desired enhanced activity.
OloO] A whole insect assay can be used for determining toxicity. In these assays, the Vip3 toxins expressed from the shuffled V!p3 genes are placed on insect diet, for example, artificial diet or pfant tissue, and consumed by the target insect. Those clones causing growth inhibition or mortality to the target insect can be tested in further bioassays to determine potency. Shuffled vip3 genes encoding toxins with enhanced potency can be identified as those that have a decreased EC50 (concentration of toxin necessary to reduce insect growth by 50%) and/or LC50 (concentration of toxin necessarj' to cause 50% mortality), [OOplj /;; vitro assays can also be used for screening shuffled vip3 gene libraries. Such assays typically involve the use of cultured insect cells that are susceptible to Vip3 toxins, and/or cells that express a receptor for the Vip3 toxins, either naturally or as a result of expression of a heterologous gene. Other in vitj-o assays can be used, for

example, detection of morphological changes in ceils, dyes and labels useflil for delecting cell deatii, or detection of the release of ATPasc by cells. One example of a suitable in viiro assay using cultured insect cells for Vipj toxicity is Sf5 (Spodoptera fnigiperdd) cells. Sf9 is highly sensitive to Vip3 toxins. When Vip3 toxins are mixed with Sf9 cells, the cell membrane becomes highly permeable to small molecules. When a dye such as trypan blue is added to the cell suspension, those cells which are killed by the Vip3 toxin are stained blue. Thus, the cytotoxicity of the Vip3 toxin can be determined by image analysis. QQ^21 Additional in vitro assays involve the use of receptors for the Vip3 toxins. One such receptor is disclosed in US Patent 6,291,156, herein incorporated by reference. The Vip3 receptor protein can be immobilized on a receiving surface, for example, without limitation, a 96-well plate or a nitrocellulose membrane, and exposed to clones comprising shuffled vipl> genes. Thus, shuffled vipl genes that encode functional toxins can be identified on the basis of binding affinity to the Vip3 receptor. Further, the gene encoding the Vip3 receptor can be transformed into a non-Vip3 susceptible cell line, for example the Schneider 2 (S2) Drosophila cell line, using methods known in the art (see for example, Clem and Miller, 1194, Mol, Cel. Bio!, 14:5212-522), The transformed S2 cells can then be exposed to clones comprising shuffled vipl genes. Thus, shuffled T;/?3 genes that encode functional toxins can be identified on the basis of induction of cell death,
EXAMPLES
Q«53] The invention will be fijrther described by reference to the following detailed examples. These examples are provided for purposes of illustration only, and are not intended to be limiting unless otherwise specified. Standard recombinant DNA and molecular cloning techniques used here are well known in the art and are described by Ausubel (ed,), Current Protocols in Molecular Biology, Jolm Wiley and Sons, Inc, (1994); J, Sambrook, etal.^yio\tzx\zxQ\ox\\\\^\ALahoratotyManual, 3dEd., Cold Spring Harbor, NY: Cold Spring Harbor Laboratory Press (2001); and by T,J. Silhavy, M,L, Berman, and L,W. Enquist, Experiments with Gene Fusions, Cold Spring Harbor Laboratory, Cold Spring Harbor, NY (1984).

Example ]: Identification of Bt Isolates That Harbor \'ip3 Homologous Proteins.
[OG*54] Three sets of PCR primers, whose sequences are based on the yip3A gene
(SEQ ID NO: 5), were used in a PCR reaction to amplify fragments of possible
homologous yip3 genes from Bacillus l/wringiefisis (Bt) isolates. The three primer sets
used were:
IF: 5'-ATGAACAAGAATA.'\TACT.AAATTA,'\GCACA.^GAGCC-3' (SEQ ID NO: 12)
IR: 5'-CTCAACATAGAGGTA.'\TTTTAGGTAGATATACCCG-3- (SEQ ID KO: 13)
p3: 5'-GATGATGGGGTGTATATGCCGTTAG-3' (SEQ ID NO: 14)
p4:5"-AATA.'\ArrGTGAAATTCCTCCGTCC-3" (SEQ ID NO: 15)
4F: 5--AGTCAA.'\ATGGAGATC.A.AGGTTGGGGAGAT.A'\C-3" (SEQ ID NO: 16)
4R: 5'-TTACTTAATAGAGAGATCGTGGAA.ATGTACA_ATA-3' (SEQ ID NO: !7)
[OQil 55] Three PCR products were expected if a Bi isolate comprised a gene identical to the vipjA gene (SEQ ID NO: 4). The size of the PCR product generated by primer sets IF/IR, p3/p4, and 4F/4R were 377 bp, 344 bp, and 419 bp, respectively. Isolates that produced only one or two PCR products, which indicated they may comprise a vip3 gene with some sequence difference to vip3A, were subjected to further sequence analysis.
Example 2: Cloning and Sequencing of PCR Products to Confirm Vip3 Homologous Sequences.
[001^6] Bt isolates identified in Example I as producing one or two PCR products were
subjected to PCR again with primer set IF/IR (SEQ ID NO: 12/SEQ ID NO: 13) aa
well as the following two primers:
p5: 5'- AATGGAGATGAAGCTTGGGGAGAT-j' (SEQ ID NO: 18)
p6:5'-CGTGGAAATGTAC.AATAGGACCACC-3' (SEQ ID NO; 19)
[001^7] The PCR products were then cloned into a pCR2.1-Topo (Invitrogen) vector and sequenced using standard art procedures.

[O^S] Three Bt isolates were identified as comprising homologous vip2 genes, designated v/p3C, with significant sequence differences to vip2k. These Bt isolates were designated C536, C1674 and AB727.
Example J: PCR Cloning the Fuil-iength vipiC Gene.
[0aJo9] The 3' end of the v;/73C gene was obtained by PCR using total plasmid DNA
isolated from Bt strain C536 or Ci674 as the template. The primers used were:
\'ip3CF4: S'-GTTTAGA-AGATnTCAAACCATrAC-?' (SEQ ID NO: 20)
T7' 5'-TTAATACGACTCACT.ATAGGG-3' (SEQ ID NO; 21)
Primer T7 is a non-gene specific primer that recognizes the flanking nucleotide sequence 3' to the vipjC gene.
The PCR products were cloned and sequenced using standard art procedures.
The final full-length v/p3C gene was obtained by PCR using the two primers located at
the 3' and 5' ends o?vip3CVip?Cc: 5"-nTATrrAATAGA.'VACGmTCAAATGATATATG-3- (SEQ ID NO: 22)
Vip3Cn: 5--CACCATGA.ACAAGAATAATACTAAATrAAGCACAAGAG-3'(SEQ ID NO: 23} [OOJ^l] Two flill-length vip2C genes were obtained. The vipZQ gene from Bt isolate ' C536 was designated vip^Ciz), and the vipZC gene isolated from C1674 was designated v7/)3C(b). Vip3C(a) and v/p3C(b) differ by one nucleotide at position 2213 (See SEQ ID NO: 1), wherein vip'iCis) comprises the nucleotide "a" at position 2213, thereby encoding the amino acid Glu at position 73S of SEQ ID NO: 2, and wherein v7/)jC(b) comprises the nucleotide "g" at position 2213, thereby encoding a Gly at position 738 of SEQ ID NO: 2. [O0L62] The v//?3C(a) and the v7;>3C(b) genes were each cloned into pETlOl/D-Topo expression vectors and designated pNOV3911 and pNOV3910, deposited in E. coh DH5a ceils, and given the accession numbers NRRL B-30552 and NRRL B-30553, respectively.

Example 4: Cosmid Cloning the Full-length yip3Z Gene,
OtiWS] Total DNA was isolated from .^727 by treating freshly grown cells resuspended in 100 niM Tris pH 8, 10 niNI EDTA with 2 mg/ml lysozyme for 30 minutes at 37°C, Proteinase K was added to a final concentration of 100 ug/ml in 1% SDS. SOmAlEDTA, IMurea and incubated at 55^C. An equal volume of phenoi-chloroform-isoamyl alcohol was added. The sample was gently mixed for 5 minutes and centrifijged at 3K, This was repeated twice The aqueous phase was then mixed with 0,7 volumes isopropanol and centrifuged. The DNA pellet was washed three times with 70% ethanol and gently resuspended in 0.5X TE. 12 [igof DNA were treated with 0.3 unit ofSaii3A per !J,g of DNA at 37'C in a volume of 100 ill. Samples were taken at 2-min inter\ais for 10 minutes. Then 1/10 volume lOX TE was added and samples were heated for 30 minutes at 65°C to inactivate the enzyme. The samples were subjected to electrophoresis to determine which fraction is in the 40-kb range and this sample was used in the ligation. 0M64] SuperCos cosmid vi;ctor (Stratagene, La Jolia, CA) was prepared as described by the supplier utilizing the BamHI cloning site. Prepared SuperCos at 100 ng/ml was ligated with the .AB727 DNA previously digested with Sai/3A at a ratio of 2:1 in a 5 ul volume overnight at 6°C. The ligation mixture was packaged using Gigapack XL III (Stratagene) as described bv the supplier. Packaged phages were infected into XL-IMR £. coll cells (Stratageie) as described by the supplier. The cosmid library was plated on L-agar with 50 [ij/ml kanamycin and incubated 16 hours at 37°C. 200 colonies were picked and g/own for screening for the presence of the vrp3Z gene. 0M65] The 200 cosmid do les were screened for the presence of the vip3Z gene by PCR using primer Vip3ZA: 5'-GGCATTTATGGATTTGCCACTGGTATC-3' (SEQ ID NO: 2S) and primer Vip^ZB: 5*-TCCTTTGATACGCAGGTGTAATTTCAG-3' (SEQ ID NO: 29). [00166) One cosmid clone, designated 5g, was shown to comprise the vip3Z gene (SEQ ID NO: S) encoding the Vip3Z protein (SEQ ID NO: 9).

Example 5. Maize Optimized v^pjC Gene Constaiciion
[0(^|b7] A maize optimized ■ 'ipjC gene was made according to the procedure disclosed in US Patent 5,625,136, incorporated herin by reference. In this procedure, maize preferred codoiis, i. e , the single codon that most frequently encodes that amino acid in maize, are used. The maize preferred codon for a particular amino acid is derived from know gene sequences from maize. Maize codon usage for 2S genes from maize plants is found in Murray ^, al. (19S9, Nucleic Acids Res, 17:477-498).
[00^68] Synthetic vip3C(a) and vip3C(h) genes were made which encode the amino acid sequence depicted in SEQ ID NO: 2. At positions 2213 and 2214 of SEQ ID NO: 3, the synthetic v//?3C(a) gene comprises nucleotides '"a" and ""g", respectively, encoding the amino acid Glu at position 73 S of SEQ ID NO: 2, and the synthetic i-7/?3C(b) gene comprises ni cleotides '"g" and "a", respectively, encoding the amino acid Gly at position 738 of sEQ ID NO: 2, The synthetic v!p3C{a) and yip3C{h) genes were separately cloned into pETlOl/D-Topo expression vectors and the resuhing vectors designated pNOV3905, deposited in E. coli BL2] ceils and given accession number NTlRLB-30554, ardpNOV3906, deposited in £. CD/;BL21 cells and given the accession number NRK,^ B-30555,
Example 6: Bioassay of the Vif 3C Protein.
[00L69) Black cutworm diet (BioServ, Frenchtown, NJ) was poured into 50 mm petri dishes. The diet was allowed to cool off and a 200 \i\ suspension of^". coli ceils comprising pNOV3905, pNOV3906, pNOV39]0 or pNOV3911 was pipetted onto the diet surface. The solution was uniformly spread whh a bacterial loop so that the suspension covered the enti: e surface of the diet. The surface was allowed to dry thoroughly. First instar larviie of the lepidopteran species listed in the table below were placed on the diet with a fine tip brush. Each species was tested separately. Larval mortality, as well as the occurrence of feeding and growth inhibition, was recorded at 3 days and 5 days after lar^-iil infestation of the diet. A sample containing E. coli cells without an expression vector acted as the negative control. Vip3A protein can also be

tested in the same bioassay for comparative purposes or for this example, VipjC data was compared to the known activity spectmm of Vip3A, |0(^^] Results are shown in Table 8. Insecticidal activity was observed five days after the plates were infested with insects. The data show that Vip3C(a) (from pNOV3911 and pNOV3905) and Vip3C(b) (from pNOV3910 and 3906) have a broader spectnjm of activity than the Vip3A toxin. Tests also indicated that the VipjC toxin is not active against the environmental beneficial insect Danausplexippiis.
Table 8.
% Insect MortaHty Activity
Spectrum of
Insect Tested Vip3Cla) Vip3C(b) Vip3A'
Agrolis ipsi/ou 100 100 -i-
Heiicoverpazea 75" 75^ +
Heliothis viresceus 80 50 -i-
Spodoptera exigua 100 100 -i-
Spodoplera frugiperda 70^ 70' +
Trichophisia m 100 100 +
Pectinophora gossypiella 50^ 60' +
Cochylis hospes 90 90 -^
Homueosoma electellum 40^ 30^ +
Ostiiuia mibilalis 100 100
Plutellaxyloslella 100 100
"Sun'iving insects were observed to have severe feeding and growth inhibition. *'A "-^" indicates an insect species that is susceptible to Vip3A. A "-" indicates an insect species with little or no susceptibility to Vip3 A-
Exampie 7. Creation of Transgenic Maize Plants Comprising a v/p3 C Gene.
[00)^1] Maize optimized vip'iC (SEQ ED NO: 3) was chosen for transformation into maize plants. An expression cassette comprising the v?p3C(a) sequence was transferred

ID a suitable vector for Agrobacterium-mediated maize transformation. For this example, an expression cassette comprised, in addition to the v//'3C{a) gene, the maize ubiquitin promoter and the nos terminater which are known in the art, as well as the phosphomannose isomerase (PMI) gene for selection of transgenic lines (Negrotto el al. (2000) Plant Cell Reports 19: 798-803). The resulting vector was designated pNOV2I49(SEQIDNO:30).
^/hl] Transformation of immature maize embryos was performed essentially as described in Negrotto e/a/,, 2000, Plant Cell Reports 19: 798-803. For this example, all media constituents were as described in Negrotto et al, supra. However, various media constituents known in the art may be substituted.
/f73] Agrobacteriiim strain LBA4404 (pSBl) containing the plant transformation plasmid was grown on YEP (yeast exiract (5 g/L), peptone (lOg/L), NaCl (5g/L), 15g/'l agar, pH6.8) solid medium for 2-4 days at 2S'C. Approximately 0.8X 10^ Agj-obacleriitm were suspended in LS-inf media supplemented with 100 uM As (Negrotto ^/£7/.,(2000) Plant Cell Rep 19:798-803). Bacteria were pre-induced in this medium for 30-60 minutes.
Immature embryos from the Al SS maize genotype were excised from 8-12 day old ears into liquid LS-inf + 100 [aM As. Embryos were rinsed once with fresh infection medium, Agi-obacteriiim solution was then added and embrj'os were vortexed for 30 seconds and allowed to settle with the bacteria for 5 minutes. The embryos were then transferred scutellum side up to LSAs medium and cultured in the dark for two to tliree days. Subsequently, between 20 and 25 embryos per petri plate were transferred to LSDc medium supplemented with cefotaxime (250 mg/1) and silver nitrate (1,6 mg/1) and cultured in the dark for 28'C for 10 days, [OOpS] Immature embryos, producing embryogenic callus were transferred to
LSD1M0,5S medium. The cultures were selected on this medium for 6 weeks with a subculture step at 3 weeks. Surviving calli were transferred to Regl medium supplemented with mannose. Following culturing in the light (16 hour light/ 8 hour dark regiment), green tissues were then transferred to Reg2 medium without growth regulators and incubated for 1-2 weeks, Plantlets were transferred to Magenta GA-7 boxes (Magenta Corp, Chicago 111.) containing Reg3 medium and grown in the light. After 2-3 weeks, plants were tested for the presence of the PVn genes and the y;/?3C(a)

gene by PCR.. Positive plants froin the PCR assay were transferred to the greenhouse and tested for resistance to lepidopteran pests.
Example 8. Analysis of Transgenic Maize Plants
[0yf76] Plants were sampled as they are being transplanted from Magenta GA-7 boxes into soil. Sampling consisted of cutting two small pieces of leaf (ca. 2-4 cm long) and placing each in a smaif petri dish. Negative comrofs were either transgenic piants that were PCR negative for the v//)3C(a) gene irom the same experiment, or from non-transgenic plants (of a similar size to test plants) that were being grown in the phytotron.
[OOyryi Leaf samples from each plant were inoculated with either European com borer iOstiiiiiamibilaUs) or fall armyworm (_Spodopterafriigiperda) by placing 10 first instar Iar\'ae onto each leaf piece, Petri dishes were then tightly sealed.
[00W8] At 3-4 days post inoculation, data were collected. The percent mortality of the larvae was calculated along with a visual damage rating of the leaf Feeding damage was rated as high, moderate, low, or absent and given a numerical value of 3, 2, 1 or 0, respectively.
Results shown in Table 9 indicate that transgenic maize plants comprising the v;/73C(a) gene and expressing the Vip3C(a) protein, are insecticidal to European corn borer (ECB) and fall armyworm (FAW).


Lxample 9. Hybrid Vip3 Toxins.
ai^SO] Vip3C is toxic to 0^(rima uubilalis (Europeaii com borer) and Philella xylos/eJIo (diamond back moih), whereas homologous Vip3 loxins, for example, Vip3A(a), Vip3A(b), and \'ip3A(c) are not. Vip3C and Vip3A differ primarily in the C-lerminai region of iheir respective amino acid sequences particularly in the region from amino acid 661 to amino acid 788 of SEQ I'D NO: 2, In order to demonstrate that this C-terminal region of Vip3C is the portion of the Vip3C toxin that is responsible for the activity against European corn borer and diamond back moth, a hybrid toxin comprising the C~terminal region of Vip3C, amino acid number 661 to amino acid number 788 of SEQ ID NO: 2, was joined in an amino to carboxy direction with the N-temiinal region, from amino acid number 1 to amino acid number 660 of SEQ ID NO: 5, of Vip3A. This hybrid toxin was designated Vip3A-C, lOjKi] A nucleic acid molecule encoding the Vip3A-C hybrid toxin, was constructed
using two steps of PCR with the following primers:
ip3A-N: 5'-CACCATGAACA_^GAAT.\ATACTA.^ATTAAGCACAAGAG-3'(SEQ ID NO: 24)
ip3A2050: S'-TAAAGTrATCTCCCCA^-^GCTrCATCTCCAo' (SEQ ID NO: 25)
!p3C-Cl:5'-AATGGAGATGA'\GCTTGGGGAGAT^3' (SEQ ID NO; 26)
ip3C-C2: 5'-TrrATTTAATAGAAACGTTTrCAAATGATATATG-3' (SEQ ID NO: 27) 01/2] In the first PCR step primers Vip3A-N (SEQ ID NO: 24) and Vip3A2050 (SEQ ID NO: 25) were used to generate an approximately 2.0 kb fragment of the 5' end of the vipSA gene, encoding the N-terminal region, and primers Vip3C-Cl (SEQ ID NO: 26) and Vip3C-C2 (SEQ ID NO: 27) were used to generate an approximately 0.4 kb fragment of the 3' end of the vip3C gene, encoding the C-terminal region. In the second PCR step, these two fragments were combined as the templates for primers Vip3A-N (SEQ ID NO: 24) and Vip3C-C2 (SEQ ID NO: 27) to generate an approximately 2,4 kb hybrid vip3 A.-vip3C gene, designated vipSA-C. [00,^] A hybrid vj/?3A-v/p3C(b) gene was made, the sequence of which is set forth in SEQ ID NO: 10. The hybrid yip3A-C gene was cloned into pETlOlD (Novagen), and the resulting vector designated pNOV39I2, and transformed into E, coli DH5a for expression. This£. co//clone, (NRRLB-30551), was tested against the insect species

listed in Table 10. Tlie Vip3C protein was used as comparative controls. Data were compared to the known activity spectrum ofVipSA. 0yfe4] The results shown in the Table 10 confirm that the C-terminal region of Vip3C, amino acid number 661 to amino acid number 78S of SEQ ID NO: 2, is sufficient to confer European com borer and diamond back moth activity on the hybrid toxin.
Table 10
% Insect Mortality Activity
Spectmm of
Insect Tested Vip3A-C VipSCCb)" Vip3A'
Agi-olis ipsUon 100 100 +
Helicoverpa zea 100 75^ +
Heliothis virescens 60 50 +
Spodnplera exigiia SO 100 -r
Spodopiera frugiperda l(f l(f +
Trichopliisia ni SO 100 +
Pectinophora gossypiellci SO 60' +
Cochyhshospes 100 90 +
Homoeosoma eleclelliwi 4(f 30^ +
Ost]-mia imbilalis 100 100
PliiieVa xyloslella 100 100
^Surviving Insects were observed to have severe feeding and growth inhibition, 'l)ata from Example 6.
"A "+" indicates an insect species that is susceptible to Vip3 A. A "-" indicates an insect species with little or no susceptibility to Vip3A.
Example 10. //zv/Z/'o Recombination of vjp'i Genes by DNA Shuffling
[00|^] One of the v/p3 genes of the present invention (SEQ ID NO: 1, 3, or 11) is amplified by PCR, The resulting DNA fragment is digested by DNasel treatment essentially as described in Stemmer etal., PNAS9\\ 10747-10751 (1994), and the

PCR primers are removed from the reaction mixture, A PCR reaction is carried out without primers and is followed by a PCR reaction with the primers, both as described in Siemmer ei al (1994), The resulting DNA fragments are cloned into pTRC99a (Pharmacia, Cat no: 27-5007-01) and transformed into E.coli strain SASX3S by electroporation using the Biorad Gene Pulser and the manufacturer's conditions. The transformed bacteria are grown on medium overnight and screened for insecticidal activity.
0/86] In a similar reaction, PCR-amplified DNA fragments comprising one of the vip3 genes described herein {SEQ ID NO: 1, 3, 5, 7, 9, or 11, or mutants thereof), and PCR-ampiified DNA fragments comprising at least one other of the vip3 genes described herein (or a mutant thereof) are recombined in vitj-o and resulting variants with improved insecticidal properties are recovered as described below.
01^7J n order to increase the diversity of the shuffled vipT, gene library, a vip3 gene or genes (called the primary genes) are shuffled using synthetic oligonucleotide shuffling. A plurality (e.g., 2, 5, 10, 20, 50, 75, or 100 or more) of oligonucleotides corresponding to at least one region of diversity are synthesized. These oligonucleotides can be shuffled directly, or can be recombined with one or more of the family of nucleic acids.
3188] The oligonucleotide sequence can be taken from other vipZ genes called secondary genes. The secondary genes have a certain degree of homology to the primary genes. There are several ways to select parts of the secondary gene for the oligonucleotide synthesis. For example, portions of the secondary gene can be selected at random. The DNA shuffling process will select those oligonucleotides, which can be incorporated into the shuffled genes. [oo/s?] The selected portions can be any lengths as long as they are suitable to
synthesize. The oligonucleotides can also be designed based on the homology between the primary and secondary genes, A certain degree of homology is necessary for crossover, which must occur among DNA fragments during the shuffling. At the same time, strong heterogeneity is desired for the diversity of the shuffled gene library. Furthermore, a specific portion of the secondary genes can be selected for the oligonucleotide synthesis based on the knowledge in the protein sequence and frmction relationship.

(0^90] The present invention has disclosed that the C-teminal domain of Vip3 is in part responsible for spectrum of activity of the Vip3 toxins. When the insecticidal spectrum is modified by the current invention utilizing the DNA shuffling technology, the C-terminal region of the nucleotide sequence of the secondary genes can be selected as a target region for synthesizing oligonucleotides used in an oligonucleotide shuffling procedure.
[0^91] Since the insecticidal activity of the Vip3 protein is dependent, at least in part, to the N-treminal region, the N-terminal region of the secondary genes can be selected for oligonucleotide shuffling for increased insecticidal activity.
[001^2] In one aspect, the primary vip3C(a) and vip3C(b} genes are shuffled with several oligonucleotides that are synthesized based on the secondary vip3A gene sequence. VipSCia) and vip3C(b) are highly homologous, but vip3A is substantially different from these genes. Therefore, it is desirable to shuffle V7/'3A along with the vip3C(&) and vip3C{h) to increase the diversity of resulting shuffled recombinant nucleic acids. Portions of the vip3A sequence, which are substantially different from the corresponding portions of v7/?3C(a) and vip3C{h), are selected, and a series of 50-mer oligonucleotides that cover these portions are synthesized. These oligonucleotides are shuffled with the vip3C(a) and vip3C{h). A certain number of the clones are then selected from the shuffled gene library and examined for the diversity by restriction mapping. The diversity is contemplated to be more than normally expected from the shuffling of vip3C(a) and vip3C(b) aione.
Example ! 1. High-throughput Screen for Insecticidal Activity.
[00193] Shuffled Vip3 gene libraries in either E. coli orBacillvs thuringiemis are
screened for insecticidal activity. Colonies are picked with a Q-bot (Beckman), placed in growth media in a standard 96-well format and grown over night. Each clone is then layered onto the surface of an insect diet in 96-well format and the surface allowed to dry. Optionally, pools of transformed cells are added to each well to increase the number of clones that are tested in the initial screening round. For example, screening 100 clones per well and using 10,000 wells provides a screen of 106 clones.

[00194] Several neonate larvae of a target insect, for example, Heliothis virescens, Helicoverpa zea or Spodopterafriigiperda, are added to each well. The plate is covered with an air permeable membrane that retains the larvae in the wells into which they were placed. After 5 days the wells are evaluated for amount of diet consumed and/or insect mortality. Clones in wells indicating that little or no diet is consumed and/or where high insect mortality is observed are chosen for further analysis. Several clones should be found to have enhanced acti\'ity against the target insect.
Example 12: Cosmid Cloning a Full-length vtp3C gene
[00^95] Total DNA was isolated from C1674 (TNRRL B-30556) by treating freshly grown cells resuspended in 100 mM Tris pH S, 10 mM EDTA with 2 mg/ml lysozyme for 30 minutes at 37°C. Proteinase K was added to a final concentration of 100 μg/ml in ]% SDS, 50mM EDTA, IM urea and incubated at 55°C. An equal volume of phenol-chloroform-isoamyl alcohol was added. The sample was gently mixed for 5 minutes and centrifugcd at 3K, This was repeated twice. The aqueous phase was then mixed with 0.7 volumes isopropanol and centrifuged. The DNA pellet was washed three times with 70% ethano! and gently resuspended in 0.5X TE. 12 ug of DNA were treated with 0.3 unit of sau3A per μg of DNA at 37°C in a volume of 100 μl. Samples were taken at 2-min intervals for 10 minutes. Then 1/10 volume lOX TE was added and samples were healed for 30 minutes at 65°C to inactivate the enzyme. The samples were subjected to electrophoresis to determine which fraction is in the 40-kb range and this sample was used in the ligation.
[0M96] SuperCos cosmid vector (Stratagene, La Jolla, CA) was prepared as described by the supplier utilizing the BaniHI cloning site. Prepared SuperCos at 100 ng/ml was ligated with the CI 674 DNA previously digested with Satt3A at a ratio of 2:1 in a 5 μl volume overnight at 6°C, The ligation mixture was packaged using Gigapack XL III (Stratagene) as described by the supplier. Packaged phages were infected into XL-IMR. E- coli cells (Stratagene) as described by the supplier. The cosmid library was plated on L-agar with 50 μg/ml kanamycin and incubated 16 hours at 37°C. 200 colonies were picked and grown for screening for the presence of the vip3C gene.

The 200 cosmid clones were screened for the presence of the vip3C gene by
PCR using vipjC specific primers. Two cosmid clones were shown to comprise a yjp3C coding sequence. After
several sequencing runs the sequence was confirmed to be the sequence set forth in
SEQ ED NO; 31. This vip3C coding sequence was designated rJp3C-l2]6S and
encodes the Vip3C-12168 protein (SEQ ED NO: 32).
sample 13: Bloassav of Vip3C-1216S.
'0W9] E. co/i cells comprising an expression vector (pTrcHis; Invitrogen) comprising the vipC-l^lSS coding sequence were tested for biological activity using the protocol described in Example 6, The insect species tested were, European corn borer (ECB), fall armyworm (FAW), black cutworm (BCW), tobacco budworm (TBW), and com earworm (CEWQ. Larval mortality, as well as the occurrence of feeding and growth inhibition, was recorded at 7 days after larval infestation of the diet. A sample containing E. coli cells with an empty expression vector (pTrcHis) acted as the negative control. E. coli cells expressing the 6-endotoxin CrylAb and E. coli cells expressing Vip3 A protein were also tested in the same bioassay for comparison of spectrum of activity.
020^ Results are shown in Table 11. The data show that Vip3C-12168 has the same spectrum of activity as a combination of CrylAb and Vip3A.


Example 14: Maize Optimized Vip3C-12168
[OOyTl] A maize optimized vip3C-12168 coding sequence was designed according to tlie procedure described in Example 5. The nucleotide sequence of the maize optimized vip3C-\2\68 coding sequence is shown in SEQ ID NO: 33.
10102] .All publications and patent applications mentioned in this specification are indicative of the level of skill of those skilled in the art that this invention pertains. All publications and patent applications are herein incorporated by reference to the same extent as if each individual publication or patent apphcation was specifically and individually indicated to be incorporated by reference.
3] It should be understood that the examples and embodiments described herein arc for illustrative purposes only and that various modifications or changes in light thereof will be suggested to persons skilled in the art and are to be included within the spirit and purview of this application and the scope of the appended claims.


We claim:
1. An isolated toxin (hat is active against European com borer, wherein said toxin comprises an amino acid sequence that has at least 91 % identity with SEQ ID NO: 2, and wherein the C-temiinus of said toxin comprises amino acids 661-788 of SEQ ID NO: 2.
2. The isolated toxin according to claim 1, wherein said toxin comprises the amino acid sequence set forth in SEQ ID NO: 2, SEQ ID NO: 12, or SEQ ID NO: 33.
3. The isolated toxin according to claim 1, wherein said toxin is encoded by a nucleic acrd molecule comprising SEQ ID NO: 1, SEQ ID NO: 3, SEQ ID NO: 11, SEQ ID NO: 32, or SEQ ID NO: 34.
4. The isolated toxin according to claim 1, wherein said toxin has activi^ against at least one additional lepidopteran insect,
5. The isolated toxin according to claim 4, wherein said lepidopteran insect is selected from the group cmisisling of Pluiella xyloslella (diamoadback motti), Spodoplerajrugiperda (fall armyworm), Agrotis ipsilon (black cutworm), Helicoverpa zea {com earwomi), Heliothis virescens (tobacco budworm), Spodoptera exigua (beet armyworm), Pectinophora gossypielta (pink boll womi), Trichoplusia ni (cabbage looper), Cochyks hospes (banded sunflower moth), and Homoeosoma electellum (sunflower head moth).
6. The isolated toxin according xo claim 1, wherein said toxin is prodgced by a Bacillus thuringiensis strain selected from the group consisting of C1674, designated NRRL accession B-30556; and C536, designated NRRL accession B-30557.
7. The isolated toxin according to claim 1, wherein said toxin is produced by an E. coli clone selected from the group consisting of pNOV3910. designated as >JRRL accession B-30553; pNOV3911, designated NRRL accession B-30552; pNOV3906, designated NRRL accession B-30555; pNOV3905. designated NRRL accession B-30554; and pNOV3912, designated NRRL accession B-30551.

(b) culturing said transgenic host cell under conditions that pennit production o1 toxin; and
(c) recovering said toxin).

19. A method of producing an insect-resistant transgenic plant, comprising introducing the nucleic acid molecule according to claim 9 into a plant cell.
20. The method of claim 19, wherein said insects are lepidopteran insects.
21. The method of claim 20, wherein said lepidopteran insects are selected from the group consisting of; Oslrinia nubUalis (European com borer), Plutella xylosiella (diamondback moth), Spodopterafrugiperda (fall armyworm), Agfotis ipsilon (black cutwomi), Helicoverpa zea (corn carworm), Helioihis virescem (tobacco budworm), Spodoptera exigua (beet annyworm), Pectinophora gossypielJa (pink boll worm), Trichoplusla rti (cabbage looper), Cochyles hospes (banded sunflower molh), and Homoeosoma electellum {sunflower head moth).
22. A method of protecting a maize plant against at least one insect pest, comprising:
introducing the nucleic acid molecule according to claim 9 in a maize cell.
23. An isolated nucleic acid molecule comprising a nucleotide sequence that:
a) comprises SEQ ID NO; 8; or
b) encodes the amino acid sequence set forth in SEQ ID NO: 9.


Documents:

1943-chenp-2004 assignment.pdf

1943-chenp-2004 claims duplicate.pdf

1943-chenp-2004 claims.pdf

1943-chenp-2004 correspondence -others.pdf

1943-chenp-2004 correspondence -po.pdf

1943-chenp-2004 description (complete) duplicate.pdf

1943-chenp-2004 description (complete).pdf

1943-chenp-2004 form-1.pdf

1943-chenp-2004 form-18.pdf

1943-chenp-2004 form-26.pdf

1943-chenp-2004 form-3.pdf

1943-chenp-2004 form-5.pdf

1943-chenp-2004 others -1.pdf

1943-chenp-2004 others.pdf

1943-chenp-2004 pct search report.pdf

1943-chenp-2004 pct.pdf

1943-chenp-2004 petition.pdf


Patent Number 221356
Indian Patent Application Number 1943/CHENP/2004
PG Journal Number 37/2008
Publication Date 12-Sep-2008
Grant Date 23-Jun-2008
Date of Filing 31-Aug-2004
Name of Patentee SYNGENTA PARTICIPATION AG
Applicant Address SCHWARZWALDALLEE 215, CH-4058 BASEL,
Inventors:
# Inventor's Name Inventor's Address
1 SHEN, ZHICHENG MORRISVILLE, NORTH CAROLINA, ATHENIX CORPORATION, 2202 ELLIS ROAD, SUITE B, DURHAM, NC 27703,
2 KARAMER,VANCE HILLSBOROUGH, NORTH CAROLINA, 3054 CORNWALLIS ROAD, RESEARCH TRIANGLE PARK, NC 27709,
3 WARREN, GREGORY, W APEX,NORTH CAROLINA, 3054 CORNWALLIS ROAD, RESEARCH TRIANGLE PARK, NC 27709,
4 SHOTKOSKI, FRANK CARY, NORTH CAROLINA, 3054 CORNWALLIS ROAD, RESEARCH TRIANGLE PARK, NC 27709,
PCT International Classification Number A01H 5/00
PCT International Application Number PCT/US03/04735
PCT International Filing date 2003-02-20
PCT Conventions:
# PCT Application Number Date of Convention Priority Country
1 60/362,250 2002-03-06 U.S.A.