AMENDMENTS TO THE CLAIMS
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`Please amend the claims as follows:
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`1—6.
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`(Canceled)
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`(Currently amended) [[The]]A plant of elai-m—4,—whe1=ei—n—the—h—ybrid—pl—ant—is—tomato hybrid
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`DR2379TH, a sample of seed of said hybrid DR2379TH having been deposited under
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`ATCC Accession Number PTA— 123291.
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`(Currently amended) [[The]]A seed that produces the plant of claim Zérdef-i-ned—as—a—seed
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`(Canceled)
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`(Currently amended) A plant part of the plant of claim [[1]]1.
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`(Currently amended) The plant part of claim 10, f-urt-her—defined—aswherein said plant part
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`i_s a leaf, an ovule, pollen, a fruit, or a cell.
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`(Canceled)
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`(Currently amended) A tissue culture of regenerable cells of the plant of claim [[1]]1.
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`(Original) The tissue culture according to claim 13, comprising cells or protoplasts from a
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`plant part selected from the group consisting of embryos, meristems, cotyledons, pollen,
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`leaves, anthers, roots, root tips, pistil, flower, seed and stalks.
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`(Currently amended) A tomato plant regenerated from the tissue culture of claim 13,
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`wherein said plant has all of the mogghological and physiological characteristics of said
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`tomato hybrid DR2379TH.
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`(Currently amended) A method of vegetatively propagating the tomato plant of
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`claim [[1]]7, the method comprising the steps of:
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`10.
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`11.
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`12.
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`13.
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`14.
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`15.
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`16.
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`108508311
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`(a)
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`collecting tissue capable of being propagated from the plant according to
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`claim [[1]]Z;
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`(b)
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`(c)
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`cultivating said tissue to obtain proliferated shoots; and
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`rooting said proliferated shoots to obtain a_rooted plantlet[[s]].
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`17.
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`(Currently amended) The method of claim 16, further comprising growing at least a first
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`tomato plant from said rooted plantlet[[s]].
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`18—19.
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`(Canceled)
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`20.
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`21.
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`22.
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`23.
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`24.
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`25.
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`(Currently amended) A method of producing a tomato plant comprising an added trait, the
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`method comprising introducing by genetic transformation a transgene conferring the trait
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`into [[a]]th_e plant of claim 7temate—hybrieLDRém.>7-9Tl+eHemate—line—F1R—Xkfl%4l%ra
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`(Original) A tomato plant produced by the method of claim 20.
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`(Currently amended)
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`[[The]]A plant of el-ai-m—l—tomato hybrid DR2379TH= a sample of
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`seed of said hybrid having been deposited under ATCC Accession Number PTA—123291,
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`further comprising a trans gene.
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`(Original) The plant of claim 22, wherein the transgene confers a trait selected from the
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`group consisting of male sterility, herbicide tolerance, insect resistance, pest resistance,
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`disease resistance, modified fatty acid metabolism, environmental stress tolerance,
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`modified carbohydrate metabolism and modified protein metabolism.
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`(Currently amended)
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`[[The]]A plant of el-ai-m—l—tomato hybrid DR2379TH= a sample of
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`seed of said hybrid having been deposited under ATCC Accession Number PTA—123291,
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`further comprising a single locus conversion.
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`(Original) The plant of claim 24, wherein the single locus conversion confers a trait
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`selected from the group consisting of male sterility, herbicide tolerance, insect resistance,
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`pest resistance, disease resistance, modified fatty acid metabolism, environmental stress
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`tolerance, modified carbohydrate metabolism and modified protein metabolism.
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`108508311
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`-4-
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`26.
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`(Currently amended) A method for producing a seed of a tomato plant derived from at
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`least—ene—ef—tomato hybrid DR2379TH—er—temate—l—i—ne—F—R—XM—lQ—4—l—2ér
`the method
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`comprising the steps of:
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`(a)
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`crossing [[a]]th_e tomato plant of h—ybrid—DR—237—95PH—or—lineFl-EéM—l—2—4l—26claim 7
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`with itself or a second tomato plantfia—sample-ef—seed-ef—said—h-ybrid—and—line—habing
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`l
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`l
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`.
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`l
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`1
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`$2;
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`.
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`ll
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`1
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`F?
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`[2329'
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`1
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`$2;
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`Aeeession—NumbepleA—l—23268fiespeetixely; and
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`(b)
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`allowing a_seed of a hybrid DR2379TH—or—lin%Fl—R—XM1—2—4—l—2§—derived tomato
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`plant to form.
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`27.
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`(Currently amended) A method of producing a seed of a hybrid DR2379TH—er—l—i-ne
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`Fl—R—XMl—2—4—l—2é—derived tomato plant the method comprising the steps of:
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`(a)
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`producing a hybrid DR2379TH—or—lineFl—R—XM—l—2—4—l—25—derived tomato plant from
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`a seed produced by crossing [[a]]th_e tomato plant of h—ybrid—DRéQfl-QIPH—er—l-i-ne
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`F—I-Réél’v‘I-lQ—4-12éclaim 7 with itself or a second tomato plantra—sample—ef—seed—ef
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`I
`A
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`(b)
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`crossing the hybrid DR2379TH—er—l-i—ne—F—R—XM-12—4-l—2é—derived tomato plant with
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`itself or a different tomato plant to obtain a seed of a further hybrid DR2379TH—er
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`lineFl—R—XMl—2—4-l—25—derived tomato plant.
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`28.
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`(Currently amended) The method of claim 27, further comprising repeating said producing
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`and crossing steps of (a) and (b) using [[a]]th_e seed from said step (b) for producing [[a]]th_e
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`plant according to step (a) for at least one generation to produce a seed of an additional
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`hybrid DR2379TH—or—lineFl—R—XM1—2—4—l—25—derived tomato plant.
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`29—3 1.
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`(Canceled)
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`32.
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`(Currently amended) A method of producing a tomato fruit: the method comprising:
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`(a)
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`obtaining the plant according to claim [[1]]1, wherein the plant has been cultivated
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`to maturity; and
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`(b)
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`collecting a tomato fruit from the plant.
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`108508311
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