Plant regulatory elements and uses thereof

Abstract

The present invention provides recombinant DNA molecules and constructs, and their nucleotide sequences, useful for regulating gene expression in plants. The present invention also provides transgenic plants, plant cells, plant parts, and seeds containing the recombinant DNA molecule operably linked to a heterologous, transcribable DNA molecule, and methods of use thereof.

Description

[Technical Field]

[0001] REFERENCE TO RELATED APPLICATIONS This application claims the benefit of U.S. Provisional Application No. 62 / 969,993, filed February 4, 2020, which is incorporated herein by reference in its entirety.

[0002] Incorporating a sequence listing The sequence listing contained in the file named "MONS479WO_ST25.txt" is 41.2 kilobytes (measured in Microsoft Windows®), was created on January 11, 2021, was submitted herewith by electronic application, and is incorporated herein by reference.

[0003] The present invention relates to the fields of plant molecular biology and plant genetic engineering. More specifically, the present invention relates to DNA molecules useful for regulating gene expression in plants. [Background technology]

[0004] Regulatory elements are genetic elements that regulate gene activity by controlling the transcription of an operably linked transcribable DNA molecule. Such elements can include promoters, leaders, introns, and 3' untranslated regions, and are useful in the fields of plant molecular biology and plant genetic engineering. Summary of the Invention

[0005] The present invention provides a gene regulatory element for use in plants. The present invention also provides a recombinant DNA molecule comprising the regulatory element. The present invention also provides transgenic plant cells, plants, and seeds comprising the regulatory element. In one embodiment, the regulatory element is operably linked to a transcribable DNA molecule. In certain embodiments, the transcribable DNA molecule may be heterologous to the regulatory sequence. Thus, in certain embodiments, the regulatory element sequences provided by the present invention may be defined as being operably linked to a heterologous transcribable DNA molecule. The present invention also provides methods of using the regulatory element and methods of making and using recombinant DNA molecules comprising the regulatory element, as well as transgenic plant cells, plants, and seeds comprising the regulatory element operably linked to a transcribable DNA molecule.

[0006] Thus, in one aspect, the present invention provides a recombinant DNA molecule comprising a DNA sequence selected from the group consisting of (a) a sequence having at least about 85% sequence identity to any of SEQ ID NOS: 1-20, (b) a sequence comprising any of SEQ ID NOS: 1-20, and (c) a fragment of any of SEQ ID NOS: 1-20 having gene regulatory activity, wherein the sequence is operably linked to a heterologous transcribable DNA molecule. A "heterologous transcribable DNA molecule" means that the transcribable DNA molecule is heterologous to the polynucleotide sequence to which it is operably linked. In certain embodiments, the recombinant DNA molecule comprises a DNA sequence having at least about 85%, at least about 86%, at least about 87%, at least about 88%, at least about 89%, at least about 90%, at least 91%, at least 92%, at least 93%, at least 94%, at least 95%, at least 96%, at least 97%, at least 98%, or at least 99% sequence identity to the DNA sequence of any of SEQ ID NOS: 1-20.

[0007] In another aspect, provided herein is a transgenic plant cell comprising a recombinant DNA molecule comprising a DNA sequence selected from the group consisting of: (a) a sequence having at least about 85 percent sequence identity to any of SEQ ID NOs: 1-20, (b) a sequence comprising any of SEQ ID NOs: 1-20, and (c) a fragment of any of SEQ ID NOs: 1-20 having gene regulatory activity, wherein the DNA sequence is operably linked to a heterologous transcribable DNA molecule. In certain embodiments, the transgenic plant cell is a monocotyledonous plant cell. In other embodiments, the transgenic plant cell is a dicotyledonous plant cell.

[0008] In yet another aspect, also provided herein is a transgenic plant, or portion thereof, comprising a recombinant DNA molecule comprising a DNA sequence selected from the group consisting of: (a) a sequence having at least about 85 percent sequence identity to any of SEQ ID NOS: 1-20; (b) a sequence comprising any of SEQ ID NOS: 1-20; and (c) a fragment of any of SEQ ID NOS: 1-20 having gene regulatory activity, wherein the sequence is operably linked to a heterologous transcribable DNA molecule. In certain embodiments, the transgenic plant is a progeny plant of any generation comprising the recombinant DNA molecule. Also provided is a transgenic seed comprising the recombinant DNA molecule that, when grown, produces such a transgenic plant.

[0009] In another aspect, the present invention provides a method for producing a commodity product, the method comprising obtaining a transgenic plant or part thereof comprising a recombinant DNA molecule of the present invention and producing the commodity product therefrom. In one embodiment, the commodity product is a seed, processed seed, protein concentrate, protein isolate, starch, grain, plant part, seed oil, biomass, fine flour, or meal.

[0010] In yet another aspect, the present invention provides a method for producing a transgenic plant comprising a recombinant DNA molecule of the present invention, the method comprising transforming a plant cell with a recombinant DNA molecule of the present invention to produce a transformed plant cell and regenerating a transgenic plant from the transformed plant cell.

[0011] A brief description of arrays SEQ ID NO:1 is the DNA sequence of a promoter operably linked to a leader, P-Zm.GRMZM2G487322:2, from Zea mays.

[0012] SEQ ID NO: 2 is the DNA sequence of the 3'UTR, T-Zm.GRMZM2G487322:2, from Zea mays.

[0013] SEQ ID NO:3 is the DNA sequence of a promoter operably linked to a leader, P-Zm.GRMZM2G339781:1, from Zea mays.

[0014] SEQ ID NO: 4 is the DNA sequence of the 3'UTR, T-Zm.GRMZM2G339781:1, from Zea mays.

[0015] SEQ ID NO:5 is the DNA sequence of EXP-Zm.Xet:1, a regulatory expression element group or EXP from Zea mays, consisting of a promoter (P-Zm.Xet:1) operably linked to a leader, which is operably linked to an intron (I-Zm.Xet:1).

[0016] SEQ ID NO:6 is the DNA sequence of a promoter operably linked to a leader, P-Zm.Xet:1, from Zea mays.

[0017] SEQ ID NO: 7 is the DNA sequence of intron I-Zm.Xet:1 from Zea mays.

[0018] SEQ ID NO: 8 is the DNA sequence of the 3'UTR, T-Zm.Xet:1, from Zea mays.

[0019] SEQ ID NO: 9 is the DNA sequence of EXP-Zm.Sat6:1, an EXP from Zea mays, comprised of a promoter (P-Zm.Sat6:1) operably linked to a leader, which is operably linked to an intron (I-Zm.Sat6:1).

[0020] SEQ ID NO: 10 is the DNA sequence of a leader-operably linked promoter, P-Zm.Sat6:1, from Zea mays.

[0021] SEQ ID NO: 11 is the DNA sequence of intron I-Zm.Sat6:1 from Zea mays.

[0022] SEQ ID NO: 12 is the DNA sequence of the 3'UTR, T-Zm.Sat6:1, from Zea mays.

[0023] SEQ ID NO: 13 is the DNA sequence of EXP-Zm.GRMZM2G049726:1, an EXP from Zea mays, comprised of a promoter (P-Zm.GRMZM2G049726:1) operably linked to a leader, which is operably linked to an intron (I-Zm.GRMZM2G049726:1).

[0024] SEQ ID NO: 14 is the DNA sequence of the leader-operably linked promoter, P-Zm.GRMZM2G049726:1, from Zea mays.

[0025] SEQ ID NO: 15 is the DNA sequence of intron I-Zm.GRMZM2G049726:1 from Zea mays.

[0026] SEQ ID NO: 16 is the DNA sequence of the 3'UTR, T-Zm.GRMZM2G049726:1, from Zea mays.

[0027] SEQ ID NO: 17 is the DNA sequence of the leader-operably linked promoter, P-Zm.GRMZM2G141762:1, from Zea mays.

[0028] SEQ ID NO: 18 is the DNA sequence of a promoter operably linked to a leader, P-Zm.DSUL:1, from Zea mays.

[0029] SEQ ID NO: 19 is the DNA sequence of the leader-operably linked promoter, P-Zm.GRMZM2G512113:1, from Zea mays.

[0030] SEQ ID NO: 20 is the DNA sequence of the 3'UTR, T-Zm.GRMZM2G512113:1, from Zea mays.

[0031] SEQ ID NO: 21 is a synthetic coding sequence (GUS, GOI-Ec.uidA+St.LS1.nno:1) optimized for plant expression of β-glucuronidase with a processible intron derived from the potato light-inducible tissue-specific St-LS1 gene (Genbank accession: X04753). DETAILED DESCRIPTION OF THE INVENTION

[0032] The present invention provides regulatory elements having gene-regulating activity in plants. The nucleotide sequences of these regulatory elements are set forth as SEQ ID NOS: 1-20. These regulatory elements are capable of affecting the expression of operably linked transcribable DNA molecules in plant tissues, and thus are capable of regulating gene expression of operably linked transgenes in transgenic plants. The present invention also provides methods for modifying, producing, and using recombinant DNA molecules containing the regulatory elements. The present invention also provides compositions comprising transgenic plant cells, plants, plant parts, and seeds containing the recombinant DNA molecules of the present invention, as well as methods for preparing and using the same.

[0033] The following definitions and methods are provided to better define the present invention and to guide those of ordinary skill in the art in the practice of the present invention. Unless otherwise specified, terms are to be understood according to conventional usage by those of ordinary skill in the relevant art.

[0034] dna molecule As used herein, the term "DNA" or "DNA molecule" refers to a double-stranded DNA molecule, i.e., a polymer of deoxyribonucleotide bases or DNA molecule, of genomic or synthetic origin read from the 5' (upstream) end to the 3' (downstream) end. As used herein, the term "DNA sequence" refers to the nucleotide sequence of a DNA molecule. The nomenclature used herein corresponds to the nomenclature of 37 CFR § 1.822 and is set forth in WIPO Standard ST.25 (1998) Annex 2, Tables 1 and 3.

[0035] As used herein, a "recombinant DNA molecule" is a DNA molecule that contains a combination of DNA molecules that do not occur together in nature without human intervention. For example, a recombinant DNA molecule can be a DNA molecule that is composed of at least two DNA molecules that are heterologous to each other, a DNA molecule that contains a DNA sequence that deviates from a naturally occurring DNA sequence, a DNA molecule that contains a synthetic DNA sequence, or a DNA molecule that has been incorporated into the DNA of a host cell by genetic transformation or gene editing.

[0036] Reference in this application to an "isolated DNA molecule" or equivalent term or phrase is intended to mean a DNA molecule that exists alone or in combination with other compositions but is not in its natural environment. For example, nucleic acid elements naturally found in the DNA of an organism's genome, such as coding sequences, intron sequences, untranslated leader sequences, promoter sequences, transcription termination sequences, etc., are not considered "isolated" as long as the elements are in the genome of the organism and in the location in the genome in which they are naturally found. However, each of these elements, and subportions of these elements, are considered "isolated" within the scope of this disclosure as long as the elements are not in the genome of the organism and in the location in the genome in which they are naturally found. Similarly, a nucleotide sequence encoding an insecticidal protein or any naturally occurring insecticidal variant of that protein is considered an isolated nucleotide sequence as long as the nucleotide sequence is not in the DNA of a bacterium in which the sequence encoding the protein is naturally found. A synthetic nucleotide sequence encoding the amino acid sequence of a naturally occurring insecticidal protein is considered isolated for purposes of this disclosure. For the purposes of this disclosure, any transgenic nucleotide sequence, i.e., a nucleotide sequence of DNA that is inserted into the genome of a plant or bacterial cell or that is present in an extrachromosomal vector, is considered to be an isolated nucleotide sequence, whether it is present in a plasmid or similar structure used to transform the cell, present in the genome of the plant or bacteria, or present in detectable amounts in tissues, progeny, biological samples, or commercial products derived from the plant or bacteria.

[0037] As used herein, the term "sequence identity" refers to the degree to which two optimally aligned polynucleotide sequences or two optimally aligned polypeptide sequences are identical. Optimal sequence alignment is created by manually aligning two sequences, for example, a reference sequence and another sequence, to maximize the number of nucleotide matches within the sequence alignment, with appropriate internal nucleotide insertions, deletions, or gaps. As used herein, the term "reference sequence" refers to the DNA sequences set forth in SEQ ID NOs: 1-20.

[0038] As used herein, the term "percent sequence identity" or "percent identity" or "% identity" refers to the fraction of identity multiplied by 100. The "fraction of identity" for a sequence optimally aligned to a reference sequence is the number of nucleotide matches in the optimal alignment divided by the total number of nucleotides in the reference sequence, e.g., the total number of nucleotides in the full-length reference sequence. Accordingly, one embodiment of the present invention provides a DNA molecule comprising a sequence that, when optimally aligned to a reference sequence set forth herein as SEQ ID NOS: 1-20, has at least about 85 percent identity, at least about 86 percent identity, at least about 87 percent identity, at least about 88 percent identity, at least about 89 percent identity, at least about 90 percent identity, at least about 91 percent identity, at least about 92 percent identity, at least about 93 percent identity, at least about 94 percent identity, at least about 95 percent identity, at least about 96 percent identity, at least about 97 percent identity, at least about 98 percent identity, at least about 99 percent identity, or at least about 100 percent identity to the reference sequence.

[0039] Regulatory elements Regulatory elements such as promoters, leaders (also known as 5'UTRs), enhancers, introns, and transcription termination regions (or 3'UTRs) play essential roles in the overall expression of genes in living cells. As used herein, the term "regulatory element" refers to a DNA molecule that has gene regulatory activity. As used herein, the term "gene regulatory activity" refers to the ability to affect the expression of an operably linked transcribable DNA molecule, for example, by affecting the transcription and / or translation of the operably linked transcribable DNA molecule. Regulatory elements such as promoters, leaders, enhancers, introns, and 3'UTRs that function in plants are useful for altering plant phenotypes through genetic engineering.

[0040] As used herein, a "group of regulatory expression elements" or "EXP" sequence can refer to a group of operably linked regulatory elements, e.g., an enhancer, promoter, leader, and intron. For example, a group of regulatory expression elements can be composed of a promoter operably linked 5' to a leader sequence, which is operably linked 5' to an intron sequence. EXP sequences useful in practicing the present invention include SEQ ID NOs: 5, 9, and 13.

[0041] Regulatory elements can be characterized by their gene expression patterns, such as positive and / or negative influences, e.g., constitutive expression or temporal, spatial, developmental, tissue, environmental, physiological, pathological, cell cycle, and / or chemical responsive expression, and any combination thereof, as well as quantitative or qualitative indicators. As used herein, a "gene expression pattern" refers to any pattern of transcription of operably linked DNA molecules into transcribed RNA molecules. The transcribed RNA molecules may be translated to produce protein molecules or may produce antisense RNA or other regulatory RNA molecules, such as double-stranded RNA (dsRNA), transfer RNA (tRNA), ribosomal RNA (rRNA), microRNA (miRNA), small interfering RNA (siRNA), etc.

[0042] As used herein, the term "protein expression" refers to any pattern of translation of transcribed RNA molecules into protein molecules. Protein expression can be characterized by its temporal, spatial, developmental, or morphological properties, as well as by quantitative or qualitative indicators.

[0043] Promoters are useful as regulatory elements for regulating the expression of an operably linked transcribable DNA molecule. As used herein, the term "promoter" generally refers to a DNA molecule involved in the recognition and binding of RNA polymerase II and other proteins, such as trans-acting transcription factors, to initiate transcription. Promoters can initially be isolated from the 5' untranslated region (5'UTR) of a genomic copy of a gene; however, for purposes of this disclosure, the promoters provided herein are comprised of a promoter operably linked 5' to a leader. Alternatively, promoters can be synthetically produced or engineered DNA molecules. Promoters can also be chimeric. Chimeric promoters are produced by the fusion of two or more heterologous DNA molecules. Promoters useful in practicing the present invention include promoter elements contained in any of SEQ ID NOs: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19, or fragments or variants thereof. In certain embodiments of the present invention, the DNA molecules claimed herein and any variants or derivatives thereof are further defined as comprising promoter activity, i.e., capable of acting as a promoter in a host cell, such as a transgenic plant. In further specific embodiments, a fragment may be defined as exhibiting the promoter activity of the starting promoter molecule from which it is derived, or a fragment may contain a "minimal promoter" consisting of a TATA box or equivalent DNA sequence for recognition and binding by the RNA polymerase II complex to provide a basal level of transcription and initiate transcription.

[0044] In one embodiment, fragments of the promoter sequences disclosed herein are provided. Promoter fragments may contain promoter activity as described above and may be useful alone or in combination with other promoters and promoter fragments, for example, in constructing chimeric promoters, or in combination with other expression elements and fragments of expression elements. In certain embodiments, promoter fragments are provided that comprise DNA molecules having promoter activity as disclosed herein of at least about 50, at least about 75, at least about 95, at least about 100, at least about 125, at least about 150, at least about 175, at least about 200, at least about 225, at least about 250, at least about 275, at least about 300, at least about 500, at least about 600, at least about 700, at least about 750, at least about 800, at least about 900, or at least about 1000 contiguous nucleotides or more. Methods for producing such fragments from starting promoter molecules are well known in the art.

[0045] For example, compositions derived from any of the promoter elements contained in any of SEQ ID NOS: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19, such as internal or 5' deletions, can be produced using methods known in the art to improve or alter expression, i.e., removing elements that positively or negatively affect expression, duplicating elements that positively or negatively affect expression, and / or duplicating or removing elements that have a tissue- or cell-specific effect on expression. Compositions derived from any of the promoter elements contained in any of SEQ ID NOS: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19, consisting of a 3' deletion in which the TATA box element or its equivalent and downstream sequences have been removed, can be used to create, for example, an enhancer element. Further deletions may be made to remove any elements that have a positive or negative, tissue-specific, cell-specific, or timing-specific (such as, but not limited to, circadian rhythm) effect on expression. Any of the promoter elements shown as being contained in any of SEQ ID NOs: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19, and fragments or enhancers derived therefrom, can be used to generate chimeric transcriptional regulatory element compositions.

[0046] According to the present invention, promoters or promoter fragments can be analyzed for the presence of known promoter elements, i.e., DNA sequence features such as TATA boxes and other known transcription factor binding site motifs. The identity of such known promoter elements can be used by one skilled in the art to design variants of the promoter that have expression patterns similar to those of the original promoter.

[0047] As used herein, the term "leader" refers to a DNA molecule isolated from the untranslated 5' region (5'UTR) of a gene and generally defined as the nucleotide segment between the transcription start site (TSS) and the protein-coding sequence start site. Alternatively, a leader may be a synthetically produced or engineered DNA element. A leader may be used as a 5' regulatory element to regulate expression of an operably linked transcribable DNA molecule. Leader molecules may be used with heterologous promoters or their native promoters. Leaders useful in practicing the present invention include leader elements contained in any of SEQ ID NOS: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19, or fragments or variants thereof. In certain embodiments, such DNA sequences may be defined as capable of acting as a leader in a host cell, including, for example, a transgenic plant cell. In one embodiment, such a sequence is interpreted as containing leader activity.

[0048] The leader sequences (also referred to as 5'UTRs) contained in any of SEQ ID NOs: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19 may constitute regulatory elements or may adopt secondary structures that can affect the transcription or translation of an operably linked transcribable DNA molecule. The leader sequences contained in any of SEQ ID NOs: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19 can be used in accordance with the present invention to create chimeric regulatory elements that affect the transcription or translation of an operably linked transcribable DNA molecule.

[0049] As used herein, the term "intron" refers to a DNA molecule that may be isolated or identified from a gene and that may generally be defined as a region that is spliced ​​out during processing of messenger RNA (mRNA) before translation. Alternatively, an intron may be a synthetically produced or engineered DNA element. An intron may contain an enhancer element that results in transcription of an operably linked gene. An intron may be used as a regulatory element to control the expression of an operably linked transcribable DNA molecule. A construct may contain an intron, which may or may not be heterologous to the transcribable DNA molecule. Examples of introns in the art include the rice actin intron and the maize HSP70 intron.

[0050] In plants, the inclusion of several introns in gene constructs increases mRNA and protein accumulation compared to constructs lacking the intron. This effect is referred to as "intron-mediated enhancement" (IME) of gene expression. Introns known to stimulate expression in plants have been identified in maize genes (e.g., tubA1, Adh1, Sh1, and Ubi1), rice genes (e.g., tpi), and dicotyledonous genes, such as genes from petunia (e.g., rbcS), potato (e.g., st-ls1), and Arabidopsis thaliana (e.g., ubq3 and pat1). Deletions or mutations within intron splice sites have been shown to reduce gene expression, indicating that IME may require splicing. However, in dicotyledonous plants, IME has been demonstrated due to point mutations within the splice sites of the A. thaliana pat1 gene. The use of multiple identical introns in a single plant has been shown to be disadvantageous. In that case, it is necessary to collect the basic control elements for constructing the appropriate recombinant DNA element. Exemplary introns useful in practicing the present invention are set forth as SEQ ID NOS: 7, 11, and 15.

[0051] As used herein, the terms "3' transcription termination molecule," "3' untranslated region," or "3' UTR" refer to a DNA molecule used in the process of transcription into the untranslated region of the 3' portion of an mRNA molecule. The 3' untranslated region of an mRNA molecule can be generated by specific cleavage and 3' polyadenylation, also known as a polyA tail. The 3' UTR may be operably linked to and located downstream of a transcribable DNA molecule and may contain a polyadenylation signal and other regulatory signals capable of affecting transcription, mRNA processing, or gene expression. The polyA tail is thought to function in mRNA stability and translation initiation. Examples of 3' transcription termination molecules in the art are the nopaline synthase 3' region, wheat hsp17 3' region, pea melvisco small subunit 3' region, cotton E6 3' region, and coixin 3' UTR.

[0052] 3' UTRs typically find beneficial applications in the recombinant expression of specific DNA molecules. Weak 3' UTRs have the potential to cause readthrough, which can affect the expression of DNA molecules located within adjacent expression cassettes. Proper control of transcription termination can prevent readthrough to downstream DNA sequences (e.g., other expression cassettes) and further enable efficient recycling of RNA polymerase to improve gene expression. Efficient transcription termination (release of RNA polymerase II from DNA) is a prerequisite for transcription resumption and therefore directly affects overall transcription levels. Following transcription termination, mature mRNA is released from the synthesis site and the template is transported to the cytoplasm. Because eukaryotic mRNAs accumulate in vivo in the poly(A) form, detecting transcription termination sites using traditional methods is difficult. However, functional and efficient prediction of 3' UTRs using bioinformatics methods is difficult due to the lack of conserved DNA sequences that allow for easy prediction of effective 3' UTRs.

[0053] From a practical standpoint, it is usually beneficial for the 3' UTR used in an expression cassette to have the following properties. First, the 3' UTR should be capable of efficiently and effectively terminating transcription of the transgene and preventing transcript readthrough into any adjacent DNA sequences, which may comprise another expression cassette, as in the case of multiple expression cassettes present on a single transfer DNA (T-DNA), or into the adjacent chromosomal DNA into which the T-DNA is inserted. Second, the 3' UTR should not cause a reduction in transcriptional activity conferred by the promoter, leader, enhancer, and intron used to drive expression of the DNA molecule. Finally, in plant biotechnology, 3' UTRs are often used to prime amplification reactions of reverse-transcribed RNA extracted from transformed plants and to (1) evaluate the transcriptional activity or expression of the expression cassette once integrated into the plant chromosome, (2) evaluate the copy number of the insert within the plant DNA, and (3) evaluate the zygosity of the resulting seeds after breeding. The 3'UTRs are also used in amplification reactions of DNA extracted from transformed plants to characterize the integrity of the inserted cassette. 3'UTRs useful in practicing the present invention are set forth as SEQ ID NOS: 2, 4, 8, 12, 16, and 20.

[0054] As used herein, the term "enhancer" or "enhancer element" refers to a cis-acting regulatory element, also known as a cis-element, which confers an aspect of the global expression pattern of an operably linked transcribable DNA molecule, but is usually not sufficient to drive transcription alone. Unlike a promoter, an enhancer element usually does not contain a transcription start site (TSS), TATA box, or equivalent DNA sequence. A promoter or promoter fragment may naturally contain one or more enhancer elements that affect transcription of an operably linked DNA sequence. Enhancer elements may also be fused to a promoter to produce a chimeric promoter cis-element that confers an aspect of global regulation of gene expression.

[0055] Many promoter-enhancer elements are thought to bind DNA-binding proteins and / or affect DNA topology, resulting in local conformations that selectively allow or restrict RNA polymerase access to the DNA template or promote selective opening of the double helix at the transcription start site. Enhancer elements can function to bind transcription factors that regulate transcription. Some enhancer elements bind multiple transcription factors, and transcription factors can interact with multiple enhancer domains with different affinities. Enhancer elements can be identified by several techniques, including deletion analysis (i.e., deleting one or more nucleotides from the 5' end or internal to the promoter), DNA-binding protein analysis using DNase I footprinting, methylation interference, electrophoretic mobility shift assays, in vivo genomic footprinting by ligation-mediated polymerase chain reaction (PCR), and other conventional assays, or by DNA sequence similarity analysis using known cis-element motifs or enhancer elements as target sequences or target motifs in conventional DNA sequence comparison methods such as BLAST. The fine structure of an enhancer domain can be further studied by mutagenesis (or substitution) of one or more nucleotides, or by other conventional methods known in the art. Enhancer elements can be obtained by chemical synthesis or by isolation from regulatory elements containing such elements, and they can be synthesized with additional flanking nucleotides containing useful restriction enzyme sites to facilitate manipulation of the subsequence. Thus, the design, construction, and use of enhancer elements according to the methods disclosed herein to regulate the expression of an operably linked transcribable DNA molecule are encompassed by the present invention. Enhancers can be derived from any of the promoters contained in SEQ ID NOs: 1, 3, 5, 6, 9, 10, 13, 14, 17, 18, and 19.

[0056] As used herein, the term "chimera" refers to a single DNA molecule produced by fusing a first DNA molecule with a second DNA molecule, where neither the first nor the second DNA molecule is normally found in that configuration, i.e., fused to the other. A chimeric DNA molecule is thus a new DNA molecule not normally found in nature. As used herein, the term "chimeric promoter" refers to a promoter produced by such manipulation of DNA molecules. A chimeric promoter may combine two or more DNA fragments, for example, a promoter may be fused to an enhancer element. Thus, the design, construction, and use of a chimeric promoter according to the methods disclosed herein to regulate the expression of an operably linked transcribable DNA molecule are encompassed by the present invention.

[0057] Chimeric regulatory elements can be designed to contain a variety of components that can be operably linked by various methods known in the art, such as restriction enzyme digestion and ligation, ligation-independent cloning, modular assembly of PCR products during amplification, or direct chemical synthesis of regulatory elements, as well as other methods known in the art. The resulting various chimeric regulatory elements can be composed of the same components or variants thereof, but differ in the DNA sequence(s) that comprise the linking DNA sequence(s) that allow the components to be operably linked. In the present invention, the DNA sequences set forth as SEQ ID NOS: 1-20 may provide reference sequences for regulatory elements, and the components containing the reference sequences can be linked by methods known in the art and can contain one or more nucleotide substitutions, deletions, and / or insertions or mutations that occur naturally in the transformation of bacterial and plant cells.

[0058] As used herein, the term "variant" refers to a second DNA molecule, e.g., a regulatory element, that is similar in composition to a first DNA molecule but not identical, where the second DNA molecule maintains the general function of the first DNA molecule, i.e., the same or similar expression pattern, e.g., by approximately equivalent transcriptional activity. A variant can be a shortened or truncated version of the first DNA molecule, or a modified version of the first DNA molecule, e.g., a version with different restriction enzyme sites and / or internal deletions, substitutions, or insertions. "Variant" can also encompass regulatory elements having a nucleotide sequence that contains one or more nucleotide substitutions, deletions, or insertions of a reference sequence, where the derivative regulatory element has approximately the same transcriptional or translational activity as the corresponding parent regulatory molecule. "Variant" of a regulatory element also encompasses variants that arise from naturally occurring mutations during transformation of bacteria and plant cells. In the present invention, the polynucleotide sequences set forth as SEQ ID NOS: 1-20 can be used to create variants that are similar in composition to, but not identical to, the DNA sequence of the original regulatory element, while still maintaining the general function of the original regulatory element, i.e., the same or similar expression pattern. The production of such variants of the present invention is well within the skill of one of ordinary skill in the art in light of the present disclosure and is encompassed within the scope of the present invention.

[0059] The effectiveness of the modifications, duplications, or deletions described herein on desired aspects of expression of a particular transgene may be experimentally tested in stable and transient plant assays, such as those described in the Examples herein, to verify results that may vary depending on the changes made to the starting DNA molecule and the purpose of those changes.

[0060] construct As used herein, the term "construct" refers to any recombinant DNA molecule, e.g., a plasmid, cosmid, virus, phage, or linear or circular DNA or RNA molecule, derived from any source, capable of genomic integration or autonomous replication, and comprising at least one DNA molecule functionally linked, i.e., operably linked, to another DNA molecule. As used herein, the term "vector" refers to any construct that can be used for the purpose of transformation, i.e., introducing heterologous DNA or RNA into a host cell. A construct typically comprises one or more expression cassettes. As used herein, "expression cassette" refers to a DNA molecule comprising at least a transcribable DNA molecule operably linked to one or more regulatory elements, typically at least a promoter and a 3'UTR.

[0061] As used herein, the term "operably linked" refers to a first DNA molecule and a second DNA molecule being linked to each other and arranged such that the first DNA molecule affects the function of the second DNA molecule. The two DNA molecules may or may not be part of a single, continuous DNA molecule, and may or may not be adjacent. For example, a promoter is operably linked to a transcribable DNA molecule of interest if it controls the transcription of the transcribable DNA molecule in a cell. For example, a leader is operably linked to a DNA sequence if it is capable of affecting the transcription or translation of the DNA sequence.

[0062] In one embodiment, the constructs of the present invention can be provided as double tumor-inducing (Ti) plasmid border constructs having the right border (RB or AGRtu.RB) and left border (LB or AGRtu.LB) regions of the Ti plasmid isolated from A. tumefaciens, which contain T-DNA that, together with transfer molecules provided by Agrobacterium tumefaciens cells, allows for integration of the T-DNA into the genome of the plant cell (see, e.g., U.S. Patent No. 6,603,061). The constructs can also include a plasmid backbone DNA segment that provides replication functions and antibiotic selection in bacterial cells, e.g., an Escherichia coli origin of replication such as ori322, a broad-host-range origin of replication such as oriV or oriRi, and a coding region for a selectable marker such as Spec / Strp, which encodes the Tn7 aminoglycoside adenyltransferase (aadA), conferring resistance to spectinomycin or streptomycin, or the gentamicin (Gm, Gent) selectable marker gene. For plant transformation, the host bacterial strain is often A. tumefaciens ABI, C58, or LBA4404, although other strains known to those skilled in the art of plant transformation may also work in the present invention.

[0063] Methods for assembling constructs and introducing them into cells so that transcribable DNA molecules are transcribed into functional mRNA molecules that are translated and expressed as proteins are known in the art. Conventional compositions and methods for preparing and using constructs and host cells for the practice of the present invention are well known to those of skill in the art. Exemplary vectors useful for expressing nucleic acids in higher plants are well known in the art and include vectors derived from the Ti plasmid of Agrobacterium tumefaciens and the pCaMVCN transfer control vector.

[0064] A variety of regulatory elements can be included in the construct, including any of the regulatory elements provided herein. Any such regulatory element may be provided in combination with other regulatory elements. Such combinations can be designed or modified to produce a desired regulatory function. In one embodiment, the construct of the present invention comprises at least one regulatory element operably linked to a transcribable DNA molecule operably linked to a 3'UTR.

[0065] Constructs of the present invention can include any promoter or leader provided herein or known in the art. For example, a promoter of the present invention can be operably linked to a heterologous untranslated 5' leader, such as one from a heat shock protein gene. Alternatively, a leader of the present invention can be operably linked to a heterologous promoter, such as the cauliflower mosaic virus 35S transcript promoter.

[0066] The expression cassette may also contain a transit peptide coding sequence, encoding a peptide useful for subcellular targeting of an operably linked protein, particularly to chloroplasts, leucoplasts, or other plastid organelles, mitochondria, peroxisomes, vacuoles, or extracellular locations. Many chloroplast-localized proteins are expressed as precursors from nuclear genes and targeted to the chloroplast by a chloroplast transit peptide (CTP). Examples of such isolated chloroplast proteins include, but are not limited to, those associated with the small subunit (SSU) of ribulose-1,5-bisphosphate carboxylase, ferredoxin, ferredoxin oxidoreductase, light-harvesting complex protein I and protein II, thioredoxin F, and enolpyruvylshikimate phosphate synthase (EPSPS). Chloroplast transit peptides are described, for example, in U.S. Patent No. 7,193,133. It has been demonstrated that non-chloroplast proteins can be targeted to the chloroplast by expression of a heterologous CTP operably linked to a transgene encoding the non-chloroplast protein.

[0067] transcribable DNA molecule As used herein, the term "transcribeable DNA molecule" refers to any DNA molecule that can be transcribed into an RNA molecule, including, but not limited to, those with protein-coding sequences, those encoding guide RNAs, and those that produce RNA molecules with sequences useful for gene suppression. Types of DNA molecules can include, but are not limited to, DNA molecules from the same plant, from another plant, from a different organism, or synthetic DNA molecules, such as DNA molecules containing antisense messages for genes, or DNA molecules that encode artificial, synthetic, or otherwise modified versions of transgenes. Exemplary transcribable DNA molecules for incorporation into constructs of the invention include, for example, DNA molecules or genes derived from a species other than the species into which the DNA molecule is to be incorporated, or genes originating from or present in the same species but incorporated into recipient cells by genetic engineering methods rather than classical breeding techniques.

[0068] "Transgene" refers to a transcribable DNA molecule that is heterologous to a host cell, at least with respect to its location within the host cell genome, and / or that has been artificially integrated into the genome of a host cell in the current or any previous generation of the cell.

[0069] A regulatory element, e.g., a promoter of the present invention, can be operably linked to a transcribable DNA molecule that is heterologous to the regulatory element. As used herein, the term "heterologous" refers to a combination of two or more DNA molecules when such a combination is not normally found in nature. For example, the two DNA molecules may be derived from different species and / or the two DNA molecules may be derived from different genes, e.g., different genes from the same species or the same gene from different species. Thus, a regulatory element is heterologous to the operably linked transcribable DNA molecule when such a combination is not normally found in nature, i.e., when the transcribable DNA molecule does not naturally occur operably linked to a regulatory element.

[0070] Generally, a transcribable DNA molecule can be any DNA molecule that is desired to be expressed as a transcript.This expression of transcript can result in the translation of the resulting mRNA molecule, and thus the expression of protein.Alternatively, for example, a transcribable DNA molecule can be designed to ultimately cause the reduced expression of a specific gene or protein.In one embodiment, this can be achieved by using a transcribable DNA molecule oriented in antisense direction.Those skilled in the art are familiar with the use of such antisense technology.In this way, any gene can be negatively regulated, and in one embodiment, a transcribable DNA molecule can be designed to suppress a specific gene through the expression of dsRNA, siRNA or miRNA molecules.

[0071] Thus, one embodiment of the present invention is a recombinant DNA molecule comprising a regulatory element of the invention, such as those set forth as SEQ ID NOS: 1-20, operably linked to a heterologous transcribable DNA molecule so as to regulate transcription of the transcribable DNA molecule at a desired level or in a desired pattern when the construct is integrated into the genome of a transgenic plant cell. In one embodiment, the transcribable DNA molecule comprises a protein coding region of a gene, and in another embodiment, the transcribable DNA molecule comprises an antisense region of a gene.

[0072] Genes of agricultural interest The transcribable DNA molecule can be a gene of agronomic interest. As used herein, the term "gene of agronomic interest" refers to a transcribable DNA molecule that confers a desired characteristic when expressed in a particular plant tissue, cell, or cell type. The product of the gene of agronomic interest can act within the plant to cause an effect on plant morphology, physiology, growth, development, yield, grain composition, nutritional profile, disease or pest resistance, and / or environmental or chemical tolerance, or can act as an insecticide in the food of a pest that feeds on the plant. In one embodiment of the present invention, a regulatory element of the present invention is incorporated into a construct such that the regulatory element is operably linked to a transcribable DNA molecule that is a gene of agronomic interest. In transgenic plants containing such a construct, expression of the gene of agronomic interest can confer beneficial agronomic traits. Beneficial agronomic traits can include, for example, but are not limited to, herbicide tolerance, insect control, modified yield, disease resistance, pathogen resistance, modified plant growth and development, modified starch content, modified oil content, modified fatty acid content, modified protein content, modified fruit ripening, animal and human nutritional enhancement, biopolymer production, environmental stress resistance, pharmaceutical peptides, improved processing quality, improved flavor, hybrid seed production utility, improved fiber production, and desired biofuel production.

[0073] Examples of genes of agronomic interest known in the art include herbicide resistance (U.S. Pat. Nos. 6,803,501, 6,448,476, 6,248,876, 6,225,114, 6,107,549, 5,866,775, 5,804,425, 5,633,435, and 5,463,175), yield increase (U.S. Pat. Nos. 38,446, 6,716,474, 6,663,906, 6,476,295, 6,441,277, 6,423,828, 6,399,330, 6,372,217), and the like. 1, 6,235,971, 6,222,098, and 5,716,837), insect control (U.S. Patent Nos. 6,809,078, 6,713,063, 6,686,452, 6,657,046, 6,645,497, 6,642,030, 6,639,054, 6,620,988, 6,593,293, 6,555,655, 6,538,109, 6,537,756, 6,521,442, 6,501,009, 6,468,523, 6,326,351, 6,313, 378, 6,284,949, 6,281,016, 6,248,536, 6,242,241, 6,221,649, 6,177,615, 6,156,573, 6,153,814, 6,110,464, 6,093,695, 6,063,756, 6,063,597, 6,023,013, 5,959,091, 5,942,664, 5,942,658, 5,880,275, 5,763,245, and 5,763,241), fungal disease resistance (U.S. Pat. Nos. 6,880,275, 6,880,275, 6,880,245, and 5,763,241), Nos. 6,653,280, 6,573,361, 6,506,962, 6,316,407, 6,215,048, 5,516,671, 5,773,696, 6,121,436, 6,316,407, and 6,506,962), virus resistance (U.S. Patent Nos. 6,617,496, 6,608,241, 6,015,940, 6,013,864, 5,850,023, and 5,304,730), nematode resistance (U.S. Patent No. 6,228,992), bacterial disease resistance (U.S. Patent Nos. 5,516,671), plant growth and development (U.S. Patent Nos. 6,723,897 and 6,518,488), starch production (U.S. Patent Nos. 6,538,181, 6,538,179, 6,538,178, 5,750,876, 6,476,295), modified oil production (U.S. Patent Nos. 6,444,876, 6,426,447, and 6,380,462), enhanced oil production (U.S. Patent Nos. 6,495,739, 5,608,149, 6,483,008, and 6,476,295), modified The benefits of corn include increased fatty acid content (U.S. Patent Nos. 6,828,475, 6,822,141, 6,770,465, 6,706,950, 6,660,849, 6,596,538, 6,589,767, 6,537,750, 6,489,461, and 6,459,018), increased protein production (U.S. Patent No. 6,380,466), fruit ripening (U.S. Patent No. 5,512,466), animal and human nutritional enrichment (U.S. Patent Nos. 6,723,837, 6,653,530, 6,541,592, and 6,541,592). Nos. 5,985,605, and 6,171,640), biopolymers (U.S. Patent Nos. USRE37,543, 6,228,623, 5,958,745, and 6,946,588), environmental stress resistance (U.S. Patent No. 6,072,103), pharmaceutical and secretory peptides (U.S. Patent Nos. 6,812,379, 6,774,283, 6,140,075, and 6,080,560), improved processing traits (U.S. Patent No. 6,476,295), improved digestibility (U.S. Patent No. 6, No. 5,543,576), low raffinose (U.S. Pat. No. 6,166,292), industrial enzyme production (U.S. Pat. No. 5,543,576), flavor improvement (U.S. Pat. No. 6,011,199), nitrogen fixation (U.S. Pat. No. 5,229,114), hybrid seed production (U.S. Pat. No. 5,689,041), fiber production (U.S. Pat. Nos. 6,576,818, 6,271,443, 5,981,834, and 5,869,720), and biofuel production (U.S. Pat. No. 5,998,700).

[0074] Alternatively, the gene of agricultural interest can affect the above-mentioned plant traits or phenotypes by encoding an RNA molecule that causes targeted regulation of gene expression of the endogenous gene, e.g., by antisense (see, e.g., U.S. Pat. No. 5,107,065), inhibitory RNA ("RNAi," including regulation of gene expression by miRNA-, siRNA-, trans-acting siRNA-, and phase sRNA-mediated mechanisms, as described, e.g., in published applications US2006 / 0200878 and US2008 / 0066206, and U.S. patent application Ser. No. 11 / 974,469), or by co-suppression-mediated mechanisms. The RNA can also be a catalytic RNA molecule (e.g., a ribozyme or riboswitch, see, e.g., US2006 / 0200878) engineered to cleave a desired endogenous mRNA product. Methods for constructing and introducing constructs into cells in such a way that a transcribable DNA molecule is transcribed into a molecule capable of causing gene suppression are known in the art.

[0075] Selection Marker Selectable marker transgenes can also be used with the regulatory elements of the present invention. As used herein, the term "selectable marker transgene" refers to any transcribable DNA molecule whose expression, or lack of expression, in a transgenic plant, tissue, or cell can be screened or scored in some way. Selectable marker genes and their associated selection and screening techniques for use in practicing the present invention are known in the art and include, but are not limited to, transcribable DNA molecules encoding β-glucuronidase (GUS), green fluorescent protein (GFP), proteins that confer antibiotic resistance, and proteins that confer herbicide resistance. An example of a selectable marker transgene is set forth as SEQ ID NO: 21.

[0076] Genome editing Some embodiments relate to recombinant DNA constructs comprising an expression cassette(s) comprising a sequence having at least about 85 percent sequence identity to any of SEQ ID NOS: 1-20, or a fragment thereof, operably linked to a heterologous DNA sequence encoding a site-specific genome modification enzyme and / or any associated protein(s) for performing the genome modification. These nuclease expression cassette(s) may be present in the same molecule or vector as the donor template for templated editing (cis) or in a separate molecule or vector (trans). Several methods for editing are known in the art, involving different sequence-specific genome modification enzymes (or protein complexes and / or guide RNAs) that modify genomic DNA. In some embodiments, the site-specific genome modification enzyme modifies the genome by inducing a double-strand break (DSB) or inducing a nick at a desired genomic site or locus. In some embodiments, the process of repairing the DSB or nick introduced by the genome modification enzyme may allow the donor template DNA to integrate into the genome at the site of the DSB or nick. In some embodiments, the process of repairing the DSB or nicks introduced by the genome modification enzyme may introduce insertion or deletion mutations (indels) into the genome. In some embodiments, the site-specific genome modification enzyme comprises a cytidine deaminase. In some embodiments, the site-specific genome modification enzyme comprises an adenine deaminase. In the present disclosure, site-specific genome modification enzymes include endonucleases, recombinases, transposases, deaminases, helicases, reverse transcriptases, and any combination thereof.

[0077] Some embodiments relate to a gene regulatory element described herein operably linked to a heterologous transcribable DNA molecule encoding one or more components of a genome editing system. The genome editing system may be used to introduce one or more insertions, deletions, substitutions, base modifications, translocations, or inversions into the genome of a host cell. In some embodiments, the gene regulatory element described herein is operably linked to a heterologous transcribable DNA molecule encoding a sequence-specific DNA-binding domain, such as a CRISPR-Cas effector protein, a zinc finger protein, or a transcription activator (TAL) protein. In some embodiments, the sequence-specific DNA-binding domain may be a fusion protein. In some embodiments, the gene regulatory element described herein is operably linked to a heterologous transcribable DNA molecule encoding a CRISPR-Cas effector protein. In some embodiments, the CRISPR-Cas effector protein is selected from a type I CRISPR-Cas system, a type II CRISPR-Cas system, a type III CRISPR-Cas system, a type IV CRISPR-Cas system, a type V CRISPR-Cas system, or a type VI CRISPR-Cas system. In some embodiments, the genetic regulatory elements described herein are operably linked to a heterologous transcribable DNA molecule encoding a guide RNA. As used herein, "guide RNA" or "gRNA" refers to an RNA that recognizes a target DNA sequence and directs or "guides" a CRISPR effector protein to the target DNA sequence. A guide RNA is composed of a region complementary to the target DNA (called a crRNA) and a region that binds to the CRISPR effector protein (called a tracrRNA). A guide RNA can be a single RNA molecule (sgRNA) or two separate RNA molecules (two-piece gRNA). In some embodiments, the gRNA can further comprise an RNA template for reverse transcriptase (pegRNA).

[0078] Some embodiments relate to a gene regulatory element described herein operably linked to a heterologous transcribable DNA molecule encoding one or more components of a CRISPR-Cas genome editing system, including a CRISPR-Cas effector protein and a guide RNA. Examples of CRISPR-Cas effector proteins include Cas9, C2c1, C2c3, C2c4, C2c5, C2c8, C2c9, C2c10, Cas12a (also known as Cpf1), Cas12b, Cas12c, Cas12d, Cas12e, Cas12h, Cas12i, Cas12g, Cas13a, Cas13b, Cas13c, Cas13d, Cas1, Cas1B, Cas2, Cas1, Cas1, Cas1B, Cas1, Cas2, Cas1 ... 3, Cas3′, Cas3″, Cas4, Cas5, Cas6, Cas7, Cas8, Cas9 (also called Csn1 and Csx12), Cas10, Csy1, Csy2, Csy3, Cse1, Cse2, Csc1, Csc2, Csa5, Csn2, Csm2, Csm3, Csm4, Csm5, Csm6, Cmr1, Cmr3, Cmr4, Cmr5, Cmr6, Csb1, Csb2, Csb3, Csx17, Examples of effector proteins include, but are not limited to, Csx14, Csx10, Csx16, CsaX, Csx3, Csx1, Csx15, Csf1, Csf2, Csf3, Csf4(dinG), Csf5, Cas14a, Cas14b, and Cas14c. In some embodiments, the genetic regulatory elements described herein are operably linked to a CRISPR-Cas effector protein comprising a mutation in its nuclease active site (e.g., RuvC, HNH, e.g., the RuvC site of a Cas12a nuclease domain, e.g., the RuvC and / or HNH site of a Cas9 nuclease domain). CRISPR-Cas effector proteins that have a mutation in their nuclease active site and thus no longer contain nuclease activity are commonly referred to as "dead," e.g., dCas. In some embodiments, a CRISPR-Cas effector protein domain or polypeptide having a mutation in its nuclease active site may have impaired or reduced activity compared to the same CRISPR-Cas effector protein without the mutation.In some embodiments, the genetic regulatory elements described herein are operably linked to a CRISPR-Cas effector protein having a mutation in its nuclease active site, resulting in a nickase activity operably linked to a reverse transcriptase.

[0079] Cell transformation The present invention also relates to methods for producing transformed cells and plants comprising one or more regulatory elements operably linked to a transcribable DNA molecule.

[0080] The term "transformation" refers to the introduction of a DNA molecule into a recipient host. As used herein, the term "host" refers to a bacterium, fungus, or plant, including any cell, tissue, organ, or progeny of said bacterium, fungus, or plant. Plant tissues and cells of particular interest include protoplasts, callus, roots, tubers, seeds, stems, leaves, seedlings, embryos, and pollen.

[0081] As used herein, the term "transformed" refers to a cell, tissue, organ, or organism into which a foreign DNA molecule, e.g., a construct, has been introduced. The introduced DNA molecule may be integrated into the genomic DNA of the recipient cell, tissue, organ, or organism, such that the introduced DNA molecule is inherited by subsequent generations. "Transgenic" or "transformed" cells or organisms also include progeny of cells or organisms, and progeny produced from breeding programs using such transgenic organisms as parents in crosses, which exhibit an altered phenotype resulting from the presence of the foreign DNA molecule. The introduced DNA molecule may also be transiently introduced into the recipient cell such that it is not inherited by subsequent generations. The term "transgenic" refers to bacteria, fungi, or plants containing one or more heterologous DNA molecules.

[0082] There are many methods known to those skilled in the art for introducing DNA molecules into plant cells. The process generally includes the steps of selecting a suitable host cell, transforming the host cell with a vector, and obtaining the transformed host cell. In carrying out the present invention, the methods and materials for transforming plant cells by introducing a plant construct into the plant genome can include any of the well-known and proven methods. Suitable methods include, but are not limited to, bacterial infection (e.g., Agrobacterium), binary BAC vectors, direct DNA delivery (e.g., PEG-mediated transformation, desiccation / inhibition-mediated DNA uptake, electroporation, stirring with silicon carbide fibers, and accelerating DNA-coated particles), and gene editing (e.g., CRISPR-Cas system).

[0083] The host cell can be any cell or organism, for example, a plant cell, an algal cell, an algae, a fungal cell, a fungus, a bacterial cell, or an insect cell. In certain embodiments, the host cell and transformed cell can include cells from crop plants.

[0084] Transgenic plants can then be regenerated from the transgenic plant cells of the invention. Seeds can be produced from the transgenic plants using conventional breeding techniques or self-pollination. Such seeds, and the resulting progeny plants grown from such seeds, will contain a recombinant DNA molecule of the invention and will therefore be transgenic.

[0085] Transgenic plants of the present invention can be self-pollinated to provide seeds of homozygous transgenic plants of the present invention (homozygous for the recombinant DNA molecule), or they can be crossed with non-transgenic plants or different transgenic plants to provide seeds of heterozygous transgenic plants of the present invention (heterozygous for the recombinant DNA molecule). Both such homozygous and heterozygous transgenic plants are referred to herein as "progeny plants." Progeny plants are transgenic plants that are descended from the original transgenic plant and contain a recombinant DNA molecule of the present invention. Seeds produced using transgenic plants of the present invention can be harvested and used to grow generations of transgenic plants that contain a construct of the present invention and express a gene of agronomic interest, i.e., progeny plants of the present invention. Descriptions of breeding methods commonly used for different crops can be found in one of several reference books. See, for example, Allard, Principles of Plant Breeding, John Wiley & Sons, NY, U. of CA, Davis, CA, pp. 50-98 (1960); Simmonds, Principles of Crop Improvement, Longman, Inc., NY, pp. 369-399 (1979); Sneep and Hendriksen, Plant Breeding Perspectives, Wageningen (ed.), Center for Agricultural Publishing and Documentation (1979); Fehr, Soybeans: Improvement, Production and Uses, 2nd Edition, Monograph, 16:249 (1987); Fehr, Principles of Variety Development, Theory and Technique, (Vol. 1) and Crop Species Soybean (Vol. 2), Iowa State University, Macmillan Pub. Co., NY, pp. 360-376 (1987).

[0086] Transformed plants can be analyzed for the presence of the gene(s) of interest and the expression level and / or profile conferred by the regulatory elements of the present invention. Those skilled in the art will recognize the numerous methods available for analyzing transformed plants. For example, methods for plant analysis include, but are not limited to, Southern or Northern blots, PCR-based approaches, biochemical analysis, phenotypic screening methods, field evaluations, and immunodiagnostic assays. Expression of transcribable DNA molecules can be measured using TaqMan® (Applied Biosystems, Foster City, CA) reagents and methods described by the manufacturer, with PCR cycle times determined using the TaqMan® Testing Matrix. Alternatively, Invader® (Third Wave Technologies, Madison, WI) reagents and methods described by the manufacturer can be used to assess transgene expression.

[0087] The present invention also provides plant parts of the present invention. Plant parts include, but are not limited to, leaves, stems, roots, tubers, seeds, endosperm, ovules, and pollen. Plant parts of the present invention may be viable, non-viable, regenerable, and / or non-regenerable. The present invention also includes and provides transformed plant cells comprising the DNA molecules of the present invention. Transformed or transgenic plant cells of the present invention include regenerable and / or non-regenerable plant cells.

[0088] The present invention also provides commodity products produced from transgenic plants or parts thereof containing the recombinant DNA molecules of the present invention. The commodity products of the present invention contain a detectable amount of DNA containing a DNA sequence selected from the group consisting of SEQ ID NOS: 1-20. As used herein, "commodity product" refers to any composition or product comprised of material derived from a transgenic plant, seed, plant cell, or plant part containing a recombinant DNA molecule of the present invention. Commodity products include, but are not limited to, processed seeds, grains, plant parts, and meal. The commodity products of the present invention contain a detectable amount of DNA corresponding to the recombinant DNA molecules of the present invention. Detection of one or more of this DNA in a sample may be used to identify the content or source of the commodity product. Any standard method for detecting DNA molecules may be used, including the detection methods disclosed herein.

[0089] The present invention may be more readily understood by reference to the following examples, which, unless expressly stated, are given by way of illustration and are not intended to limit the invention. Those skilled in the art will understand that the techniques disclosed in the following examples are representative of techniques discovered by the inventors to function well in the practice of the present invention. However, those skilled in the art should, in light of the present disclosure, understand that many changes can be made in the specific embodiments disclosed and still obtain similar or equivalent results without departing from the spirit and scope of the invention, and therefore, all matter described or shown should be interpreted as illustrative and not in a limiting sense. [Example]

[0090] Example 1 Identification and cloning of regulatory elements This example describes the identification, synthesis, and cloning of a regulatory expression element from Zea mays.

[0091] Genes preferentially expressed in pollen were identified using public and proprietary transcriptome data. Each locus was bioinformatically examined to identify the corresponding gene promoter, leader, intron, and 3'UTR. The identified EXPs, promoters / leaders, introns, and 3'UTRs are listed in Table 1 below. [Table 1]

[0092] The identified EXPs, promoters / leaders, and 3'UTRs were synthesized using methods known in the art, cloned into binary plant transformation vector constructs in an expression cassette used to drive β-glucuronidase (GUS) expression, as described in Example 2 below, and evaluated for their activity in stably transformed maize plants.

[0093] Example 2 Analysis of regulatory elements driving GUS expression in stably transformed maize plants. Maize plants were transformed with vectors, specifically, plant expression vectors containing test regulatory elements that drive expression of a β-glucuronidase (GUS) transgene. The resulting plants were analyzed for GUS protein expression to assess the effect of selected regulatory elements on expression.

[0094] Corn plants were transformed with the plant GUS expression construct. Regulatory elements were cloned into a base plant expression vector using standard methods known in the art. The resulting plant expression vector contained a left border region (B-AGRtu.left border) from Agrobacterium tumefaciens, a first transgene selection cassette used to select transformed plant cells that confers resistance to the herbicide glyphosate, a second transgene cassette (SEQ ID NO: 21) for assessing the activity of regulatory elements operably linked to the 3' UTR, comprised of a promoter and leader, optionally operably linked 5' to the intron in certain vector designs, operably linked to the GUS coding sequence comprised of a processable intron, and a right border region (B-AGRtu.right border) from Agrobacterium tumefaciens.

[0095] The organization of the expression elements of the GUS expression cassette in each construct is shown in Table 2. Constructs 1 through 5 contain a GUS expression cassette composed of an operably linked native promoter and leader (indicated by "P-") or an operably linked native promoter, leader, and intron (indicated by "EXP-"). The GUS expression cassettes in Constructs 1 and 2 do not contain an intron. Constructs 1 through 5 and 8 contain the native 3' UTR of the promoter / leader or promoter / leader / intron of the same locus. In Constructs 6 and 7, the native promoter and leader (indicated by "P-") are operably linked to a plant-expressible intron and 3' UTR that is not part of the native gene. Construct 8 also contains a plant-expressible intron that is not part of the native gene. [Table 2]

[0096] Corn plant cells were transformed with the binary transformation vector constructs described above by Agrobacterium-mediated transformation, as is well known in the art, and the resulting transformed plant cells were induced to form whole corn plants.

[0097] Qualitative and quantitative GUS analysis was used to assess the activity of the expression element in selected plant organs and tissues of transformed plants. For qualitative analysis of GUS expression by histochemical staining, whole-mount or sectioned tissues were incubated with GUS staining solution containing 1 mg / mL X-Gluc (5-bromo-4-chloro-3-indolyl-b-glucuronide) at 37°C for 5 hours and then destained with 35% EtOH and 50% acetic acid. GUS expression was qualitatively determined by visual inspection of selected plant organs or tissues for blue coloration under a dissecting or compound microscope.

[0098] For quantitative analysis of GUS expression by enzymatic assay, total protein was extracted from selected tissues of transformed corn plants. One to two micrograms of total protein was incubated with the fluorescent substrate, 4-methylumbelliferyl-β-D-glucuronide (MUG), at a concentration of 1 mM in a total reaction volume of 50 microliters. After 1 hour of incubation at 37°C, the reaction was stopped by adding 350 microliters of 200 mM sodium bicarbonate solution. The reaction product, 4-methylumbelliferone (4-MU), is maximally fluorescent at high pH, ​​where the hydroxyl group is ionized. The addition of basic sodium carbonate solution simultaneously stopped the assay and adjusted the pH for quantification of the fluorescent product, 4-MU. The amount of 4-MU produced was estimated by measuring its fluorescence using a FLUOstar Omega microplate reader (BMG Labtech) (excitation 355 nm, emission 460 nm). GUS activity values ​​are expressed in nanomolar units of 4-MU / hour / mg total protein.

[0099] The following tissues were sampled for GUS expression in the R0 generation: leaves and roots at the V4 stage, leaves and roots at the V7 stage, leaves, flowers / anthers, and pollen at the VT stage, cobs / hairs at the R1 stage, and seed embryos and seed endosperms at the R3 stage at 21 days after pollination (DAP).

[0100] Tables 3 and 4 show the average quantitative GUS expression of the sampled tissues, where "bdl" indicates below the level of detection and "NA" indicates not assayed. The range of GUS expression for VT stage flowers / anthers and pollen, and R1 stage cobs / hairs is also shown in Table 4. [Table 3] [Table 4]

[0101] As shown in Tables 3 and 4, most of the GUS expression cassettes in each of these constructs showed higher expression in the flowers / anthers and / or pollen of VT, except for constructs 6 and 7. For construct 6, high expression was quantitatively measured in the anthers of VT, as well as in the embryos and endosperm at 21 DAP. For construct 7, high GUS expression was quantitatively measured in the anthers of VT and the cobs / trichomes of R1. For construct 8, expression in the anthers of VT was lower than that of constructs 6 and 7. GUS expression in the pollen of VT was not quantitatively measured for constructs 6, 7, and 8. Constructs 1 and 2 showed high GUS expression in the pollen of VT, and GUS expression was higher in the flowers / anthers of VT than in other tissues.

[0102] Selected tissues from these transformation events were also examined microscopically to identify aspects of qualitative expression observed in GUS staining of the tissues. Table 5 below summarizes the observations made on these tissues. [Table 5]

[0103] As shown in Table 5, GUS expression from constructs 1 to 5 was primarily observed in the pollen of VT, indicating higher expression in the flowers / anthers of VT when quantitatively measured. Therefore, the expression elements in the GUS expression cassettes of constructs 1 to 5 are "pollen-preferred" expression elements. Regarding GUS expression from constructs 6 and 7, GUS expression was observed not only in the pollen of VT but also in other tissues, such as leaf and root cells of V7. Interestingly, GUS expression from construct 7 was also observed in the trichomes of R1. In the case of construct 8, staining of VT pollen, as well as staining of the root tips of V4 and the embryo and endosperm tissues of R3 at 21 DAP, was clearly visible.

[0104] Therefore, the expression elements contained in the GUS expression cassettes of constructs 1 to 5 exhibit a pollen-preferential expression pattern. The expression elements contained in the GUS expression cassettes of constructs 6, 7, and 8 exhibit expression in pollen, but are also expressed in other tissues of stably transformed maize plants.

[0105] Having illustrated and described the principles of the present invention, it will be apparent to those skilled in the art that changes in arrangement and detail of the invention can be made without departing from such principles. We claim all modifications that come within the spirit and scope of the claims. All publications and published patent documents cited in this specification are herein incorporated by reference to the same extent as if each individual publication or patent application was specifically and individually indicated to be incorporated by reference.

Claims

1. A recombinant DNA molecule comprising a DNA sequence selected from the group consisting of: (a) a sequence having at least 90% sequence identity to SEQ ID NO: 1, said sequence having gene expression regulating activity, and (b) the sequence of SEQ ID NO: 1, wherein said sequence is operably linked to a heterologous transcribable DNA molecule.

2. 2. The recombinant DNA molecule of claim 1, wherein the sequence has gene expression regulating activity and has at least 95% sequence identity to the DNA sequence of SEQ ID NO:

1.

3. 2. The recombinant DNA molecule of claim 1, wherein the sequence has gene expression regulating activity and has at least 97 percent sequence identity to the DNA sequence of SEQ ID NO:

1.

4. 2. The recombinant DNA molecule of claim 1, wherein said heterologous transcribable DNA molecule comprises a gene of agricultural interest.

5. 5. The recombinant DNA molecule of claim 4, wherein said gene of agricultural interest confers herbicide resistance to plants.

6. 5. The recombinant DNA molecule of claim 4, wherein the gene of agronomic interest confers pest resistance to plants.

7. The recombinant DNA molecule of claim 1 , wherein the heterologous transcribable DNA molecule encodes a dsRNA, miRNA, or siRNA.

8. A transgenic plant cell comprising the recombinant DNA molecule of claim 1.

9. The transgenic plant cell of claim 8 , which is a monocotyledonous plant cell.

10. The transgenic plant cell of claim 8 , which is a dicotyledonous plant cell.

11. A transgenic plant or part thereof comprising the recombinant DNA molecule of claim 1.

12. A progeny plant of the transgenic plant of claim 11, or a part thereof, comprising said recombinant DNA molecule.

13. A transgenic seed comprising the recombinant DNA molecule of claim 1.

14. 12. A method of producing a commodity product, said method comprising obtaining the transgenic plant or part thereof of claim 11 and producing said commodity product therefrom.

15. 15. The method of claim 14, wherein the commodity product is selected from the group consisting of seeds, processed seeds, protein concentrates, protein isolates, starches, grains, plant parts, seed oils, biomass, fine flour, and coarse flour.

16. 12. A method for expressing a heterologous transcribable DNA molecule, comprising obtaining a transgenic plant according to claim 11 and cultivating said plant, wherein said heterologous transcribable DNA molecule is expressed.

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