Tubulin regulatory elements for use in plants

Abstract

The present invention provides polynucleotide molecules isolated from Zea mays and Oryza sativa and useful for expressing transgenes in plants. The present invention also provides expression constructs containing the polynucleotide molecules useful for expressing transgenes in plants. The present invention also provides transgenic plants and seeds containing the polynucleotide molecules useful for expressing transgenes in plants.

1 . An isolated polynucleotide molecule having gene regulatory activity and comprising at least 95 contiguous bases of a polynucleotide sequence selected from the group consisting of SEQ ID NO: 1-4. 
     
     
         2 . An isolated polynucleotide molecule having gene regulatory activity and comprising a polynucleotide sequence selected from the group consisting of SEQ ID NO: 1-5. 
     
     
         3 . The isolated polynucleotide molecule according to  claim 2 , wherein said isolated polynucleotide molecule comprises a polynucleotide sequence which exhibits a substantial percent sequence identity of about 98% identity with the polynucleotide sequence of SEQ ID NO: 1-5. 
     
     
         4 . A DNA construct comprising an isolated polynucleotide molecule having gene regulatory activity and comprising a polynucleotide sequence selected from the group consisting of SEQ ID NO: 1-5, wherein said isolated polynucleotide molecule is operably linked to a transcribable polynucleotide molecule. 
     
     
         5 . The DNA construct of  claim 4 , wherein said transcribable polynucleotide molecule is a marker gene. 
     
     
         6 . The DNA construct of  claim 4 , wherein said transcribable polynucleotide molecule is a gene of agronomic interest. 
     
     
         7 . The DNA construct of  claim 6 , wherein said gene of agronomic interest is a herbicide tolerance gene selected from the group consisting of genes that encode for phosphinothricin acetyltransferase, glyphosate resistant 5-enolpyruvylshikimate-3-phosphate synthase, hydroxyphenyl pyruvate dehydrogenase, dalapon dehalogenase, bromoxynil resistant nitrilase, anthranilate synthase, glyphosate oxidoreductase and glyphosate-N-acetyl transferase. 
     
     
         8 . A transgenic plant stably transformed with the DNA construct of  claim 4 . 
     
     
         9 . The transgenic plant of  claim 8 , wherein said plant is a monocotyledonous selected from the group consisting of wheat, maize, rye, rice, oat, barley, turfgrass, sorghum, millet and sugarcane. 
     
     
         10 . The transgenic plant of  claim 8 , wherein said plant is a dicotyledonous plant selected from the group consisting of tobacco, tomato, potato, soybean, cotton, canola, sunflower and alfalfa. 
     
     
         11 . A seed of said transgenic plant of  claim 9 . 
     
     
         12 . A seed of said transgenic plant of  claim 10 . 
     
     
         13 . A method of inhibiting weed growth in a field of transgenic glyphosate tolerant crop plants comprising:
 i) planting the transgenic plants transformed with an expression cassette comprising (a) an isolated polynucleotide molecule having gene regulatory activity and comprising a polynucleotide sequence selected from the group consisting of SEQ ID NO: 1-5 and operably linked to a DNA molecule encoding a glyphosate tolerance gene and   ii) applying glyphosate to the field at an application rate that inhibits the growth of weeds, wherein the growth and yield of the transgenic crop plant is not substantially affected by the glyphosate application.   
     
     
         14 . In the method of  claim 13 , wherein said glyphosate tolerance gene is selected from the group consisting of a gene encoding for a glyphosate resistant 5-enolpyruvylshikimate-3-phosphate synthase, a glyphosate oxidoreductase, and a glyphosate-N-acetyltransferase. 
     
     
         15 . In the method of  claim 13 , wherein the transgenic plants are capable of tolerating an application rate up to 256 ounces/acre. 
     
     
         16 . In the method of  claim 13 , wherein the transgenic plants are capable of tolerating an application rate ranging from 8 ounces/acre to 128 ounces/acre. 
     
     
         17 . In the method of  claim 13 , wherein the transgenic plants are capable of tolerating an application rate ranging from 32 ounces/acre to 96 ounces/acre. 
     
     
         18 . In the method of  claim 13 , wherein the application of glyphosate is at least once during the growth of the crop.