INFORMATION SYSTEMS FOR BIOTECHNOLOGY


December 1999
NEWS FOR THE AGRICULTURAL AND ENVIRONMENTAL BIOTECHNOLOGY COMMUNITY


IN THIS ISSUE:
Food for Thought
Potential Impacts of Pollen from Bt Corn
Molecular Farming Goes Underground
The Good News about Bt Corn
Gene Flow Between Cultivated and Wild Beet
Teaching Plants to Cope with Salt
Hurdles in the Race to Patent New Genes
AgBiotech Debate Impacting Corporate Landscape
Upcoming Meetings



Dear Readers,

Ruth Irwin has been working this year as Associate Editor of the ISB News Report. She has been taking on increasing responsibility for coordinating each issue, editing submitted articles, working with authors to balance accuracy and readability, and cultivating new writers. I am pleased to announce that as of January, 2000, Ruth Irwin will assume the position of Editor of the News Report. I will continue to serve as a sounding board when needed, but will be devoting the majority of my time to activities in international development that are independent of the ISB grant project. Thanks for your continued support of the News Report and all other ISB projects, and as always, keep in touch!

Pat Traynor


FOOD FOR THOUGHT

`Gene Technology -- Food for Thought' was the title of a conference hosted by the Consumer Institute of South Africa in October 1999. Although initially dominated by speakers who cautioned against use of genetically modified (GM) crops, the conference ended with organizers calling for more public education on GM food issues.

The keynote speakers were Dr. Michael Hansen, from the US Consumers' Union, and Dr. John Fagan, of the Maharishi University of Management in Fairfield, Iowa and founder of Genetic ID, a company that tests foods for the presence of foreign DNA and protein. The two speakers voiced many concerns relative to GM crops, such as instances of lower than expected yields from herbicide resistant cultivars; the damaging effects of agricultural monocultures on biodiversity; the influence of multinational seed companies on countries' economies; and the demise of the small-scale farmer.

Dr. Fagan argued that the introduction of even a single foreign gene into a plant could alter that crop's entire metabolic pathways in totally unforeseen ways. Dr. Hansen stated it was naïve to think that the world could not produce enough food without GM technology, asserting instead that shortages result from poor food distribution. In addition, he commented that the segments benefiting from GM foods were the seed companies and the farmers.

Other speakers, however, espoused different perspectives, indicating that food distribution in Africa is also hampered by lack of physical infrastructure, as well as political turmoil and corruption in many countries. Some participants felt that purported yield increases and the ability to grow crops in marginal areas, both potential benefits of GM technology, were essential requirements for feeding Africa's population. However, it was likewise noted that GM foods are not a "quick fix" and only part of the long-term solution.

Participants acknowledged that though the first generation of GM foods do not benefit the consumer directly, second generation crops currently under investigation should. Rice with higher vitamin A content, maize with enhanced essential amino acid levels, and plants with improved oils were some of the examples cited of the next wave of GM crop attributes.

One speaker, Muffy Koch, Director of Innovation Biotechnology, spoke of the benefits of planting insect tolerant GM crops. She emphasized reports of decreased pesticide use, which can result in increased biodiversity, and noted that a decrease in insect damage to GM crops may also reduce post-harvest fungal infection, thus diminishing mycotoxin food contamination, which has been linked to esophageal cancer in many parts of South Africa. She pointed out that use of GM crop technology was appropriate for both commercial and small-scale, resource-poor farmers.

Considerable concern was expressed that multinational corporations could control agricultural output worldwide through ownership of plant genome patents, and it was suggested that developing countries be exempt from patent restrictions. Another concern mentioned was the exploitation of indigenous plant genomic resources with no recompense to Africa.

Participants largely agreed that labeling of GM foods was necessary to allow consumer choice, and acknowledged that the agreement to label GM food in New Zealand and Australia was not made on the basis of any recorded public health or safety concerns, but on consumer information grounds. An allergist, Dr. Harris Steinman, talked of the fear of unintentionally introducing or creating allergens in GM foods, pointing out that some allergens are very stable and might not be destroyed by the cooking process.

Many participants expressed dismay that the GMO Act, passed in South Africa in 1997, had not yet been implemented. SAGENE (South African Genetic Experimentation Committee), the former regulatory body, has been trying to "hold the fort" in the interim. The Department of Agriculture has indicated that the act will be implemented before the end of 1999. Until then, all applications for new GM trials and commercial releases are currently "on hold."

An environmental lawyer, Mariam Mayet, representing Biowatch, a South African organization opposed to the use of GM food, stressed the importance of using the precautionary principle, which states that if there is any scientific uncertainty regarding the possible harm to human health or the environment, caution must be exercised.

Throughout the course of the meeting, the need for public education became increasingly clear. However, in a country such as South Africa in which consumers range from the illiterate to savvy internet users, education challenges are extensive. In her summation, Diane Terblanche, the Chief Executive Officer of the South African Consumer Institute, pledged her organization's help in the education process, thus ending the conference with a renewed commitment from most participants to continue to investigate the advantages and disadvantages of GM foods.

Jennifer A. Thomson
Department of Microbiology
University of Cape Town
jat@molbiol.uct.ac.za


UPDATE: POTENTIAL IMPACTS OF POLLEN FROM Bt CORN

Scientists convened in Chicago on November 2 to share preliminary results of research conducted last summer on the possible effects of genetically engineered Bt corn on the monarch butterfly.

The Bt toxin found in Bt corn is active against the Lepidoptera family of moths and butterflies, including the monarch butterfly. However, when Bt corn was approved in the US and Canada, regulators and scientists reasoned that the impact of Bt corn—or more correctly the pollen from Bt corn containing active toxin—on monarch populations would be minimal. This is because milkweed, the desired food of monarch larvae, is rarely found in corn fields, but in adjacent fields, and the toxin is rapidly inactivated by ultraviolet light and drought conditions. They further reasoned that non-discriminate spraying for other corn pests may present a significantly higher risk to the monarch population through chemical drift.

In May 1999, a study by Cornell University researchers published in the journal Nature (1) indicated that pollen from Bt corn could kill monarch caterpillars in laboratory tests. The authors correctly recognized that the study was limited in applicability, and that field tests would be required to determine the significance of this finding in an artificial environment. Upon publication, Dr. John Losey was quoted as saying, "We can't forget that Bt corn and other transgenic crops have a huge potential for reducing pesticide use and increasing yields. This study is just the first step, we need to do more research and then objectively weigh the risks versus the benefits of this new technology."

In response to the Cornell report, a consortium of biotechnology and pesticide companies —the Agricultural Biotechnology Stewardship Working Group—funded 17 studies to quantify the risk of Bt corn to monarchs. The research was conducted during the summer of 1999 at universities in corn-producing regions of North America. Data presented at the meeting indicated that not all strains of Bt corn are equally toxic (2); some varieties of Bt corn may, in a theoretical or laboratory setting, harm the butterfly, while other types may not (3). Furthermore, it was suggested that the amount of pollen migrating to milkweeds was "likely to be dangerous to only those monarchs feeding on milkweeds within or close to the edges of the cornfields" (2).

Mark Sears, chair of the Department of Environmental Biology at the University of Guelph and chair of the Ontario Corn Borer Coalition, reported that virtually all pollen grains land within ten yards of the field, 90 per cent of which travel less than five yards (4). Sears postulated that the risk to monarch larvae is minimal, especially after discovering that at least 500 grains of pollen per square centimeter of milkweed leaf were necessary to sicken caterpillars. After three days of accumulation during pollination season, Sears found this concentration was barely attained on nearby milkweed leaves.

Iowa State University's John Pleasants found that wind direction, rainfall, and other factors significantly affect pollen concentrations on milkweed. He reported that, "Eighty-eight percent of milkweed within one meter of a corn field would fall below the level where they could hurt the caterpillars and 100 percent of the milkweed just two meters from a Bt field would be monarch-safe" (5). Such findings on pollen dispersion are especially significant when coupled with planting preferences. Powell et al. (6) found that planting the borders of a corn field to non-Bt corn was the second most prevalent implementation of Bt-refugia guidelines among 400 Ontario corn producers who planted Bt-corn in 1999, and the most common practice among those with more than 100 acres of corn.

Brower and Zalucki (2) identified key areas needing further investigation. The effects of Bt corn on monarch butterflies will depend on distribution and abundance of milkweed within and around the edges of corn fields, oviposition on the milkweeds, and temporal coincidence between susceptible monarch life stages and pollen shedding of the corn crop. Review of data indicated basic monarch biology and ecology were poorly understood, and data from toxicity bioassays were too preliminary to draw any conclusions. Brower and Zalucki encouraged researchers to conduct field research during the summer of 2000, exposing cohorts of monarchs to pollen on field plants within corn fields using various Bt strains and non-Bt corn and wild controls. Toxic and chronic effects of Bt also need to be determined.

Sources

1. Losey JJ, Raynor L, and Cater ME 1999. Transgenic pollen harms monarch larvae. Nature 399: 214

2. Brower LP and Zalucki MP. 1999. Bt-corn and its effects on Monarch butterflies: A note of caution. November 11. e-mail listserve.

3. Currie BM 1999. Altered corn-butterflies. Associated Press, November 3.

4. Weiss R. 1999. Gene-altered corn's impact reassessed; studies funded by biotech consortium find little risk to monarch butterflies. The Washington Post, November 3: A3.

5. Kendall P. 1999. Monarch butterfly so far not imperiled; gene-altered corn gets an early OK in studies. Chicago Tribune, November 2: p 4.

6. Powell DA, et al. 1999. A survey of Ontario corn producers to assess compliance with refugia recommendations to manage development of resistance to genetically engineered Bt-corn in the European corn borer, 1999. Agri-food Risk Management and Communications Technical Report No 10. http://www.oac.uoguelph.ca/riskcomm/plant-ag/bt-survey/bt-survey.htm

Excerpted with permission from Update: Potential Impacts of Pollen from Bt-Corn. Agri-food Risk Management and Communication. November 15, 1999. http://www.plant.uoguelph.ca/riskcomm/plant-ag/rc-plant-ag.htm

Douglas Powell
Dept. of Plant Agriculture
University of Guelph
dpowell@uoguelph.ca



MOLECULAR FARMING GOES UNDERGROUND

Since the advent of plant biotechnology, there has been much interest in using plants as "green factories" to produce compounds of industrial or pharmaceutical value. The advantages seem obvious—besides being easy to grow and transform, plants are able to perform many of the protein modifications necessary to produce biologically active products, unlike many bacteria. In addition, there is a lower risk of contamination of the end product by infectious agents, as there is with transgenic animal systems. Unfortunately, extraction of these recombinant products from plants often involves multiple, complex steps, which ultimately makes this approach economically unfeasible. Promising results from recent reports now suggest that engineering plants to secrete recombinant proteins from their roots might solve this problem at least partially.

Plants secrete large amounts of compounds from their roots during normal growth. Much of this secretion consists of a complex mix of carbohydrates, but plants are also capable of excreting significant amounts of protein under certain conditions, for instance when phosphate is depleted. However, the amount and variety of proteins released from plant roots is far less than that found within the plant, so targeting a protein for release into the growth medium would automatically represent a significant purification.

This was the basic idea behind "rhizosecretion," a concept demonstrated by Ilya Raskin and colleagues in two recent articles in Nature Biotechnology and Proceedings of the National Academy of Sciences. Using a strong root promoter, three heterologous proteins of different origins—green fluorescent protein (GFP), human placental secreted acid phosphatase, and bacterial xylanase—were expressed in tobacco plants grown in liquid culture. The authors took advantage of a natural phenomenon wherein proteins targeted to the endoplasmic reticulum (ER), without additional signaling information, enter a default pathway leading to secretion. By placing each of the three proteins behind an ER targeting peptide sequence, they were able to persuade the plants to excrete the recombinant proteins from their roots. In all three cases, the secreted proteins retained their biological activities, resulting in green fluorescent growth medium in the case of the GFP transformed plants.

Growth of the transgenic plants in liquid culture is key for taking full advantage of this approach. This process, known as hydroponics, is a well established method of plant culture that is far less expensive and labor intensive than cell or organ culture. In a more conventional approach, recombinant proteins accumulate within plants, which are then harvested and the product is purified. With the root expression method, protein products are being continuously secreted into the culture medium and thus the harvest can continue over the course of the plant's lifetime.

There are potential problems of course, even with this approach. For example, not all proteins will retain their biological activity through the secretion process and the excreted proteins may lose their stability in the culture medium, requiring rapid removal. Additionally, the normal secretion of carbohydrates and proteins from plant roots will demand some purification of the recombinant product, though far less than if expressed internally. The applicability of this approach to other foreign proteins is also not clear, especially in the case of mammalian proteins, as there may be problems expressing and secreting longer peptides or proteins with unusual modifications.

The technique of rhizosecretion is at an early stage and the full potential of this method has yet to be demonstrated, but these initial results from Raskin and his colleagues show significant promise in making plant production of recombinant protein economically feasible.

Sources

1. Borisjuk N, et al. 1999. Production of recombinant proteins in plant root extracts. Nature Biotechnology 17:466-469.

2. Gleba D, et al. 1999. Use of plant roots for phytoremediation and molecular farming. Proceedings of the National Academy of Sciences 96:5973-5977.

Claire Granger
Carnegie Institution of Washington
Department of Plant Biology
claire@Andrew2.Stanford.edu


THE GOOD NEWS ABOUT Bt CORN

Recently, non-target effects of Bt corn have become the subject of a great deal of debate and this debate has fueled opposition to Bt corn and genetically modified crops in general. Non-target effects, however, are not all bad. In fact, we have found that Bt transformation of corn hybrids can actually enhance their safety as food products because Bt corn hybrids are significantly less likely to contain harmful mycotoxins than their non-Bt counterparts.

When insects attack corn plants, one result is an increase in diseases. This occurs because insect pests carry pathogenic fungi and predispose plants to disease development. These diseases include ear rots and stalk rots that can reduce corn yield and quality. Some of the diseases are caused by fungi that produce mycotoxins in the corn crop. Mycotoxins, which are toxic compounds produced by fungi, pose a significant problem worldwide, affecting an estimated 25% of grain crops.

The major mycotoxins in corn include aflatoxins, produced by fungi in the genus Aspergillus, and fumonisins, produced by several species of Fusarium fungi. Both aflatoxins and fumonisins can be fatal to livestock and are probable human carcinogens. The importance of fumonisins in human health is still a subject of debate, but they are carcinogenic to laboratory animals and there is evidence that they contribute to human cancer in some parts of the world. Fumonisin concentrations in corn are or will be under regulatory scrutiny in several nations. The economic impact of aflatoxins has been greater than that of fumonisins because many nations already have regulations on allowable aflatoxin concentrations in crops. Symptoms of Fusarium and Aspergillus ear rots are often highly correlated with insect damage.

Since 1994, we have been studying the influence of Bt expression on Fusarium ear rot and fumonisins in corn. In these studies, differences among types of Bt genes (or Bt events) have become evident. All Bt events are not alike. They differ in the specific Bt protein they express and in the tissue-specific expression of the proteins. Kernel expression of Bt proteins appears to be an important factor determining the amount of kernel feeding by European corn borer larvae and subsequently the intensity of Fusarium infection.

Results of our studies have consistently demonstrated that hybrids containing two of the Bt events (MON810 and BT11) experience significantly less Fusarium ear rot and yield corn with lower fumonisin concentrations than their non-Bt counterparts. Similar results have been obtained in studies conducted in Illinois and North Carolina (1, 2, 3). When conventional hybrids were subjected to high populations of European corn borers, Fusarium ear rot severity and fumonisin concentrations became elevated, often to levels considered unsafe for swine and horses. Levels considered safe for horses and swine are <5 ppm and <10 ppm, respectively. Safe fumonisin levels for humans are unknown (4). Fusarium ear rot and fumonisin levels in MON810, CBH351, and BT11 hybrids were uniformly low (usually less than 10% of the concentrations in the non-Bt hybrids) and were unaffected by European corn borer populations.

Other studies also have shown reduced kernel infection by A. flavus and lower aflatoxin concentrations in BT11 and MON810 hybrids compared with their non-Bt counterparts. However, these reductions have been less dramatic than those seen for fumonisins (5).

Although the results described here support the utility of Bt hybrids for management of Fusarium and Aspergillus ear rots and stalk rots of corn, it should be emphasized that these diseases all require an integrated management approach involving other tactics. When conditions are very favorable for disease, protection from insect damage may not be enough. Another limitation of Bt corn hybrids is their spectrum of activity. Currently available events are not effective against the full spectrum of insects that can contribute to kernel damage and subsequent mycotoxin contamination.

Future Directions

Bt hybrids can be an important tool in the integrated management of Fusarium and Aspergillus ear rots. New Bt hybrids now under development promise to exhibit more complete control of other kernel-feeding insects, so they should provide even better protection from insect-associated fungi, and there could be further contributions toward mycotoxin management. Transgenic control of insects and diseases offers an alternative that is much more effective, consistent, economical, and environmentally sound than foliar insecticides.

Debate surrounding the use of genetically modified crops should be based on an assessment of all risks and benefits that can be measured, including environmental impacts, livestock impacts, and potential human health threats. Available data show that Bt transformation of corn hybrids enhances the food and feed safety of the grain by reducing its vulnerability to mycotoxin-producing fungi. A common criticism of currently available genetically modified crops is a lack of apparent benefits to consumers. But lower mycotoxin concentrations represent a clear benefit to consumers of Bt grain, whether the intended use is for livestock or human food products. Consumers and regulatory agencies should consider these factors in decisions regarding Bt corn use.

Sources

1. Dowd PF and Munkvold GP. 1999. Associations between insect damage and fumonisin derived from field-based insect control strategies. Proceedings of the. 40th Annual Corn Dry Milling Conference, June 3-4, 1999. Peoria, IL.

2. LSI Health and Environmental Sciences Institute. 1999. An evaluation of insect resistance management in Bt field corn: A science-based framework for risk assessment and risk management. Washington, DC: ILSI Press.

3. Munkvold GP, Hellmich RL, and Rice LG 1999. Comparison of fumonisin concentrations in kernels of transgenic Bt maize hybrids and non-transgenic hybrids. Plant Diseases 83:130-138.

4. Munkvold GP, and Desjardins AE. 1997. Fumonisins in maize: Can we reduce their occurrence? Plant Diseases 81:556-565.

5. Windham GL, Williams WP, and Davis FM. 1999. Effects of the southwestern corn borer on Aspergillus flavus kernel infection and aflatoxin accumulation in maize hybrids. Plant Diseases 83:535-540.

Gary P. Munkvold
Department of Plant Pathology
Iowa State University
munkvold@iastate.edu

Richard L. Hellmich
USDA-ARS Corn Insects and Crop Genetics
Research Laboratory & Iowa State University
rlhellmi@iastate.edu


GENE FLOW BETWEEN CULTIVATED AND WILD BEET

The genetic modification of crops has drawn criticism from opponents who contend that gene flow from these crops may endanger wild populations of sexually compatible weedy relatives. In a study published recently in Molecular Ecology, Detlef Bartsch and Norman Ellstrand have reported the feasibility of gene flow between cultivated and wild beet (1). Their model for this study was Beta vulgaris, a species that includes internationally grown crops of red beet, sugar beet, and Swiss chard.

Beet has been grown since the third century AD, but had not been cultivated into domesticated varieties until the 1800's in Germany and France. Cultivated varieties of beet in the Chenopodiaceae family are grown widely for human consumption, the production of sugar, and for livestock fodder. The family is also noted for containing many invasive weed species affecting agricultural fields.

To show the impact of gene flow from cultivated to wild populations, Bartsch and Ellstrand tracked the frequency of isozyme alleles commonly found in cultivated Beta vulgaris and in the wildtype sea beet (B. maritima). They studied agricultural conditions in which naturally occurring weedy relatives are grown near stands of the cultivated crop.

Ellstrand's group quantified isozyme alleles specific to the cultivated beet. These alleles appeared in high frequencies in the 26 study accessions of the crops. Although isozyme genes are rarely found in wild sea beet populations, the 20 sea beet accessions growing near cultivated beet varieties contained isozyme alleles at a level characteristic of that found in cultivated plants. These gene frequencies were not found in the 19 sea beet accessions growing in isolation from the cultivated beet crops.

The Bartsch, Clegg, and Ellstrand research team has conducted extensive studies on beet genetic divergence using allozyme analysis, as well as gene flow studies of other crop plants. Although this study did not show the direct transmission of the genes from the cultivated crop to the wild plants, it supports a 1992 study by S. Santoni and A. Berville that reported the successful sexual reproduction between cultivated and wild beet (2). At the conclusion of their study, Santoni and Berville warned that sexual compatibility could likely be a possible mechanism of gene transmission between transgenic and wild beet. Similarly, a 1998 study indicated that isozyme variations most likely occur by gene exchange and not random variation (3).

Bartsch and Ellstrand suggest that gene flow is a potentially important driving force in plant evolution, and their research demonstrates gene flow rates that are higher than previously anticipated between different populations of plants. They are concerned about the evolutionary consequences of gene hybridization between crops and wild relatives. Their concerns echo those expressed by K. Morgan and C. Strobeck in their 1979 paper in Nature in which they identified many of the issues associated with intragenic recombination and the genetic stability of natural populations (4).

Gene flow from GM crops is important because of the possibility that novel genes could have deleterious effects on the wild plant populations. However, a century of conventional gene flow has had no adverse effect on the genetic diversity of wild sea beet populations in Italy. The impact of transgenic gene flow will depend on the ecological advantage of the trait. As recently demonstrated by Bartsch and his collaborators, transgenically introduced resistance to a serious viral disease called Rizomania in cultivated beet will have no adverse effect on wild sea beet populations, because the virus is not present in this group (5). The effect of other fitness enhancing traits on wild beet populations may differ, but it is absolutely case dependent.

Recently, the beet has received much publicity because of the development of the GM sugar-free beet (genetically modified to convert sucrose to fructan) in the Netherlands, and Monsanto's high-sucrose beet. GM beet field trial sites have been the target of vandalism in 1995 and 1996 in Germany, and 1997 and 1998, respectively, in Ireland and England. A glyphosate-tolerant sugar beet has recently been deregulated in the US as well. GM technology opponents are using scientific findings, such as the Bartsch and Ellstrand study, to legally combat the release of GM crops.

Sources

1. Bartsch D, Lehnen M, Clegg J, Pohl-Orf M, Schuphan I, and Ellstrand NC. 1999. Impact of gene flow from cultivated beet on genetic diversity of wild sea beet populations. Molecular Ecology 8(11):1733-1741.

2. Santoni S and Berville A. 1992. Extramarital sex amongst the beets—evidence for gene exchanges between sugar beet (Beta vulgaris L.) and wild beets: Consequences for transgenic sugar beets. Plant Molecular Biology 20(4):578-580.

3. Tufto J, Raybould AF, Hindar K, and Engen S. 1998. Analysis of genetic structure and dispersal patterns in a population of sea beets. Genetics 149(4):1975-1985.

4. Morgan K and Strobeck C. 1979. Is intragenic recombination a factor in the maintenance of genetic variation in natural populations? Nature 227(5696):383-384.

5. Bartsch D, Schmidt M, Pohl-Orf M, Haag C, and Schuphan I. 1996. Competitiveness of transgenic sugar beet resistant to beet necrotic yellow vain virus and potential impact on wild beet populations. Molecular Ecology 5:199-205.

Brian R. Shmaefsky
Department of Biology and Environmental Sciences
Kingwood College, Kingwood, TX
bshmaefs@nhmccd.edu


TEACHING PLANTS TO COPE WITH SALT

University of Toronto scientists have isolated a critical gene responsible for salt tolerance in plants that may eventually help them grow crops using salt water. The salt tolerance gene, isolated from the Arabidopsis plant, encodes a transport protein in plant cells whose activity enables plants to grow under highly saline conditions.

Salinity is a major abiotic stress limiting the productivity of crop plants around the world, especially under irrigated conditions. Rice soils, which are mostly irrigated, are declining in productivity in many Asian countries because of increasing salinity levels. It is estimated that 25 million hectares (62 million acres) of agricultural land in the world suffers from excess salinization, and another two million hectares of salinated land are added each year.

The presence of excess salt in soil is doubly harmful for plants: salt increases osmotic pressure in plant tissues, resulting in water stress; and sodium ions harm plant cells directly by interfering with plant metabolism. Ensuring an increase in agricultural productivity, especially in the developing countries, hinges on the capacity to sustain crop production on marginal lands afflicted with salinity and water stress factors.

Plants that have adapted to high salt conditions often have done so by shuttling sodium into vacuoles within the plant cell. This compartmentalization prevents sodium ions from harming the plant cell and provides a proper osmotic balance for plant cell water uptake. A Toronto group, led by Eduardo Blumwald, suspected that compartmentation of sodium ion into vacuoles may be mediated by the transport protein, Na+/H+ antiport. As many genes from diverse organisms share similar nucleotide sequences, the Toronto group used the DNA sequence of a yeast gene for this antiport protein to search the Arabidopsis genome database. Fortunately, a corresponding gene for the antiport protein called AtNHX was detected. The group then over-expressed this gene in Arabidopsis using a highly efficient "supermas" promoter (see "New `super-promoter' drives very high expression of introduced genes in plants," ISB News Report, June 1996).

As predicted, transgenic plants overproducing the Na+/H+ antiport protein were highly tolerant of saline conditions. While wild-type plants were stunted, turned chlorotic, and had smaller leaves when watered with a nutrient solution containing increasing salt concentrations, the transgenic plants with the AtNHX gene grew well in soil irrigated with up to 200 millimolar salt water, and set seed normally. This increased salinity tolerance in transgenic plants was correlated with higher-than-normal levels of AtNHX transcripts and an increased activity of Na+/H+ antiport in vacuoles.

As most plants have low antiport activity, they cannot adapt to increasing salinity conditions; consequently, these plants lose water, grow slowly, and ultimately die. The overproduction of the antiport protein in the model plant Arabidopsis shows that it is possible to redesign crop plants to help them endure saline conditions and still remain productive. "By successfully genetically engineering a plant to have this salt management system, we've opened up the possibility of modifying economically important crops so that they may grow in saline conditions," says Blumwald.

Source

Apse MP, Aharon GS, Snedden WA, and Blumwald E. 1999. Salt tolerance conferred by overexpression of a vacuolar Na+/H+ antiport in Arabidopsis. Science 285, 1256-1258.

C. S. Prakash
Center for Plant Biotechnology Research
Tuskegee University
prakash@tusk.edu



HURDLES IN THE RACE TO PATENT NEW GENES

President Bill Clinton and Prime Minister Tony Blair are reportedly in the midst of formalizing the Bermuda Accord, a plan to ensure that the UK-owned Wellcome Trust and the US National Institutes of Health make each gene sequence public within 24 hours of discovery. Their objective is to hinder the race to patent human genes by rapidly creating prior art.

Prior Art Slalom: New Means New
A gene, like any other subject of a patent application, must meet various statutory requirements, including the requirement of novelty. To be novel, an invention must differ from the prior art, which is the sum of publicly available information. A nucleotide sequence, published on an Internet database, will prevent a patent applicant from obtaining a patent for the nucleotide sequence in a subsequently filed patent application. Under US patent law, an exception to this rule would arise if the patent applicant subsequently files a patent application and can prove a date of invention within one year of the Internet publication.

The reasoning behind the novelty requirement is that a patent should not remove something from the public domain. This policy is also reflected in the fact that a patent should not issue for a claimed invention that would have been an obvious variation of something in the public domain at the time the invention was made. How can a gene be obvious?

Prior Art Slalom: New Means Structurally Nonobvious
There was a time when the US Patent and Trademark Office (PTO) viewed an isolated gene as obvious in light of a reference that describes a related gene (such as a homologous gene) and a standard text of molecular biology protocols. However, in 1993, the Court of Appeals for the Federal Circuit made it clear that a case of obviousness requires that the prior art discloses a gene related to the claimed gene and a suggestion in the prior art to modify the known gene to obtain the claimed gene (1).

This structural obviousness approach to examination of genes is similar to the method that US patent examiners and courts have used to determine the obviousness of simple chemical compounds. Not all patent offices, however, embrace the concept of structural obviousness for claimed genes. At present, the Japanese Patent Office appears to use an approach to determine nonobviousness, or "inventive step," similar to the analysis used in the US before the 1993 Federal Circuit decision. An inventive step inquiry that focuses on whether one could have isolated a gene using standard techniques tends to render genes unpatentable as gene isolation technology advances.

Steeplechase: The Sufficiency of Disclosure
US patent law also imposes requirements for the content of the patent application. For example, a patent application must contain a sufficiently detailed description of the invention to enable others to make and use the invention without "undue experimentation." Although routine experimentation to reproduce an invention is acceptable, the degree of experimentation must not be burdensome when viewed in light of the particular area of technology involved and the level of skill in that field of technology.

The "how-to-make" requirement should not present a serious obstacle for a claimed gene if the patent application discloses the nucleotide sequence or the amino acid sequence of the encoded protein. The "how-to-use" requirement also should not pose a notable barrier, so long as the application includes some discussion about use, or the patent examiner finds the use intuitively obvious. It is better to rely upon the former than the latter.

The patent office and the courts usually view the how-to-use requirement differently for a claim to a gene and a claim to a method of using the gene. For example, a patent examiner should not force a patent applicant to prove that claimed antisense polygalacturonase DNA constructs inhibit gene expression, because those constructs are also useful for the simple task of detecting polygalacturonase mRNA. However, the burden for supporting a claim to an antisense method can be significant. This is a lesson that Enzo Biochem Inc. discovered during an infringement action against Calgene Inc.

In this case, Enzo, the exclusive licensee of patents claiming general methods for using antisense technology, alleged that the FLAVR SAVR tomato infringed its patents. Following a bench trial, a Delaware district court concluded that the relevant patent claims were invalid because the specification failed to disclose the how-to-use aspect of the enablement requirement. Recently, the Federal Circuit affirmed the decision, explaining that the technology was highly unpredictable at the time of patent application filing, and that a high degree of experimentation was required to adapt the patents' disclosed methods for using antisense in E. coli to other types of cells (2).

The best mode requirement is related to enablement. In the US, a patent application must set forth the best mode contemplated by the inventor for carrying out the invention. Monsanto and others argued, albeit unsuccessfully, that Mycogen's inventors had failed to comply with the best mode requirement by not disclosing the best form of a synthetic Bt gene in their patent applications (3).

Hare and Hounds: Clues about the Written Description Requirement
US patent law also imposes a written description requirement, which requires that the patent application evidences that the inventor had possessed the claimed invention when the application was filed. In the case of a specific nucleotide sequence, the written description requirement can be fulfilled by disclosing that nucleotide sequence. However, inventors typically want broader claims to prevent others from avoiding infringement by introducing minor changes into the nucleotide sequence. Consider claim scope as a dartboard. If you are forced to narrow claim scope toward the center, then more room is created for others to maneuver around you.

In recent years, the Federal Circuit has shown a tendency to limit claim scope to particularly disclosed embodiments of the invention. This is exemplified by UC v. Lilly in which the court explained how the written description requirement is applied to claimed genes. Here, the court determined that a patent disclosure of a general method for producing human insulin cDNA and a description of human insulin amino acid sequences failed to provide a written description of human insulin cDNA (4). The court emphasized that the question of whether the patent truly described how to obtain the human insulin gene was not relevant to the written description analysis. Instead, the analysis hinged on the sufficiency of nucleotide sequence disclosure in the patent application.

So, how much information must a patent application contain to meet the written description requirement for a claimed gene? A conservative answer is that the patent application should include sequences for all variations that the inventor wishes to claim.

The PTO has been struggling with the Federal Circuit's written description requirement for genes, issuing one set of proposed guidelines last year and another set by the end of this year. Perhaps, the PTO will devise a less burdensome approach that will win the approval of the courts.

Sources

1. In re Bell, 26 USPQ2d 1529. 1993. Federal Circuit.; In Re Deuel, 34 USPQ2d 1210, 1215. 1995. Fed. Cir.

2. Enzo Biochem Inc. v. Calgene Inc., 52 USPQ2d 1129. 1999. Fed Cir.

3. Mycogen Plant Science Inc., et al. v. Monsanto Company, et al., Civil Action No. 96-505-RRM. 1999. D. Del.

4. The Regents of the University of California v. Eli Lilly and Company, 43 USPQ2d 1398. 1997. Fed Cir.

Phillip B. C. Jones, PhD., J.D.
Seattle, Washington
pbcj@wolfenet.com



AGBIOTECH DEBATE IMPACTING CORPORATE LANDSCAPE

The debate over the merits of agricultural biotechnology has found a growing audience in the American media. The Biotechnology Industry Organization (BIO) has tracked a significant increase in the level of media interest in biotechnology over the past year, driven mostly by Congressional debate over Medicare issues and the controversy over agricultural biotechnology (1).

How much of this "expanded" coverage is due to the media's thirst for a good story and how much is tangible public concern is yet to be determined. A Gallup Poll taken as recently as September of this year revealed that only slightly over one-quarter of Americans believe that genetically modified foods pose a serious health hazard to consumers. The press release noted that " . . . Americans today seem quite relaxed about food safety issues" (1). Whereas this data suggests that Americans may not be as concerned about agbiotech safety as some in the media would suggest, Wall Street and major corporate players are not convinced.

A major indicator of the financial and corporate communities' inability to gauge the future of the public's response to commercial agricultural biotechnology is the performance of Monsanto's stock. The stock has not performed at the level expected and a number of Wall Street analysts are calling for the St. Louis-based company to split the company into parts, separating its pharmaceutical business (the G.D. Searle unit) from the crop-biotechnology business.

Some feel that Monsanto's stock price is placing little to no value on the crop-biotechnology business. At times within recent weeks, Monsanto's stock price has put a market value on the Company of about $24 billion. Some analysts believe that the value of the Searle drug unit alone could be upwards of $25 billion, and that a sell off of Monsanto's parts could yield at least a 30 percent premium over the value currently being placed on the company by the public markets. Recent merger activity in the pharmaceutical sector has started to drive Monsanto's stock up, but there is still pressure on the Company's management to do something to bolster the stock's performance (2).

In response, Monsanto has been holding discussions with rivals regarding a possible merger. As of the writing of this article, Novartis was being mentioned as the most serious potential suitor, but word has it that other companies have met with Monsanto to discuss options, including Schering-Plough, DuPont, and Pfizer. Novartis is getting the most attention given that it has substantial businesses in both the pharmaceutical and agricultural arenas, thus offering a good fit with Monsanto. One possibility that has been mentioned is the combination of the two companies' agrochemcial businesses and formation of either a spin-off of that entity or the issuance of a tracking stock. This scenario would be driven largely by the uncertainty currently surrounding the agricultural sector and would allow investors to put their money into the pharmaceutical business independent of the crop-biotechnology business (3).

Adding to uncertainty of the investment and corporate communities surrounding commercial agricultural biotechnology is the impact of the continued controversy in Europe. The United States has lost an approximated $200 million in European corn sales alone over the past few years because of delays in the European Union approval process for genetically modified crops (4). Other negative factors impacting commercial agriculture in general in recent months include reduced government subsidies to farmers and depressed commodity prices, both part of a cyclical downturn in the industry (5).

Jointly, all of these factors have caused some on Wall Street to question if the rate of return on the huge investments that many agrochemical companies have made in the last few years in new biotechnologies will be adequate. Others believe that this type of debate is inevitable as applications of biotechnology continue to make their way to the dinner table, and that the technology still holds the most promise to add value to commercial agriculture. In either case, it appears that corporate players in agricultural biotechnology have brought some of this on themselves by under-investing in public education, and, in turn, putting a premium on the media's role in helping to shape public perceptions and adding to the uncertainty surrounding an already controversial topic.

Sources

1. Vogt W. Consumer acceptance key to biotech crop growth. Oct/Nov 1999. BIO News, 4.

2. Kilman S, and Burton TM. Monsanto faces pressure to break up the Company. Oct. 21, 1999. The Wall Street Journal Interactive Edition, (http://wsj.com).

3. Deogun N and Burton TM. Monsanto considers full or partial sale; Novartis is a suitor, pact isn't imminent. Nov. 9, 1999. The Wall Street Journal Interactive Edition, (http://wsj.com).

4. Palmer D. FOCUS - U.S. pursues two-track biotech crop strategy. Nov. 9, 1999. Reuters, (retrieved from http://biz.yahoo.com/rf/991109/bp2.html).

5. Moore SD. Novartis plans to slash 1,100 jobs in overhaul of agrochemical unit. June 23, 1999. The Wall Street Journal Interactive Edition, (http://wsj.com).

William O. Bullock
Institute for Biotechnology Information
Research Triangle Park, NC.
wbullock@mindspring.com



More meetings can be found at http://www.isb.vt.edu

ABIC 2000
Agbiotech: The Science of a New Century

June 5-8, 2000 Toronto, Canada

ABIC 2000 will explore the many opportunities agricultural biotechnology offers the world through scientific breakthroughs, commercial developments, and technology transfer. The Conference Program presents the latest in agbiotech science, business, and education, and features internationally recognized speakers including Dr. Barry Greengrass of UPOV/WIPO, Dr. Terry Medley of DuPont USA, Ms. Sylvia Rowe from the International Food Council (IFC), Mr. Sano Shimoda of BioSciences Securities Inc., and Dr. Maria Zimmermann from the FAO.

Contact:
Sharon Murray
tel: 1-877-925-2242 (N. Am.), 306-934-1772
fax: 1-877-333-2242 (N. Am.), 306-664-6615
http://www.lights.com/abic/


Australian Biotechnology Conference: ABA2000
July 2 - 6, 2000
Brisbane, Australia

The theme of the conference, "Biotechnology: Our passport to the next millennium," reflects the opportunities that the revolution in the life sciences will provide for all sectors of society, and the equal importance of engaging all sectors of society in these opportunities. The four main themes are Food and Fibre Biotechnology; Pharmaceutical Biotechnology; Environmental and Marine Biotechnology; and Bio-business.

Contact:
ABA2000 Secretariat
tel: + 61 (0) 7 3369 0477 / fax: + 61 (0) 7 3369 1512
email: aba2000@im.com.au
http://www.aba2000.im.com.au


6th International Symposium on the Biosafety of Genetically Modified Organisms
July 8-13, 2000
Saskatoon, Saskatchewan Canada

Approximately 70 invited internationally recognized experts will address the scientific basis for biosafety (environmental as well as human and animal health issues) associated with genetically modified organisms. The information presented and discussion generated at this meeting will influence the development of a "science-based" regulatory policy governing the release of Genetically Modified Organisms (GMOs). The Symposia series is designed for senior scientists, policy makers, regulators, environmentalists, and industry representatives involved in the commercial release of GMOs.

Contact:
BioSafety 2000
http://www.usask.ca/agriculture/biosafety/index.html




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