USO0PP22815P2

(12) United States Plant Patent Warren (54)

(56)

BUR OAK TREE NAMED ‘JFS-KW3’

(50) Latin Name:

(75) Inventor:

JFS-KW3

Keith S. Warren, Gresham, OR (US)

jfschrnidt.corn/pdfs/urbanpinnacleoakpdf accessed Sep. 28, 20ll.* Anonymous. “JFS Introductions Quercus macrocarpa ‘JFRS-KW3’ P.A.F” Available at: http://www.jfschmidt.com/introductions/

Subject to any disclaimer, the term of this patent is extended or adjusted under 35

urbanpinnacle/index.htrnl accessed Sep. 28, 201 l.* * cited by examiner Primary Examiner * Wendy C Haas

(21) Appl. No.: 12/657,697

(51)

Int. Cl. A01H 5/00

Cully .......................... .. Plt./225 Cully .......................... .. Plt./225

OTHER PUBLICATIONS

U.S.C. l54(b) by 195 days.

(22) Filed:

6/2000 l0/20l0

Anonymous. “Urban Pinnacle Oak”. Available at: http://www.

OR (U S) Notice:

References Cited

PPll,43l P * PP2l,359 P2 *

(73) Assignee: J. Frank Schmidt & Son C0., Boring, (*)

Jun. 26, 2012

U.S. PATENT DOCUMENTS

Quercus macrocarpa

Varietal Denomination:

US PP22,815 P2

(10) Patent N0.: (45) Date of Patent:

(74) Attorney, Agent, or Firm * Klarquist Sparkman, LLP

Jan. 25, 2010

(57)

ABSTRACT

A variety of bur oak which combines a straight, upright trunk,

a narrowly oval to narrowly pyramidal upright growth habit,

(2006.01)

(52)

US. Cl. ..................................................... .. Plt./225

(58)

Field of Classi?cation Search .................. .. Plt./225

glossy dark green foliage, and resistance to powdery mildew and anthracno se.

See application ?le for complete search history.

9 Drawing Sheets

1

2 a narrowly oval to narrowly pyramidal upright growth habit,

Latin name of the genus and species: Quercus macrocarpa.

Variety denomination: ‘JFS-KW3’.

dark green foliage and resistance to powdery mildew (Ery

siphe alphitoides) and anthracnose (Apiognomonia quercina) BACKGROUND

of my new variety are unique and ?rmly ?xed in each succes

sive generation.

During the summer and fall of 1998, I began a search for improved varieties of bur oak, Quercus macrocarpa. I exam

In the fall of 2006, the original tree of my new variety began producing acoms. These acorns were unusual in that they were extremely small acoms for the species, a desirable char acteristic for landscape use. The acoms have yet to be

ined a few thousand two year old nursery grown trees of

Quercus macrocarpa growing in rows at a nursery in Boring, Oreg. These trees had been planted from seed. At various times during the summer and fall, I tagged the most promising

observed in the asexually propagated progeny because the progeny are too young to have acoms, but the acorn charac

looking trees in these nursery rows. I was selecting for disease

teristic is expected in this progeny.

resistance, straightness, growth rate, foliage appearance, fall color, and defoliation. By the time the trees had gone dor

SUMMARY

mant, I had selected what I believed to be the 21 most prom

ising individual trees in the block.

This new cultivar possesses a unique combination of char acteristics in that it combines a straight upright trunk, a nar

In the spring of 1999, I transplanted these trees into testing rows in the nursery. I labeled each tree, and over the next two

summers I evaluated the appearance and performance of these trees and recorded notes. After two years of evaluation, I selected the best seven trees and transplanted them in 2001 into a long term evaluation block with wider spacing. I

rowly oval to narrowly pyramidal upright growth habit, 20

and anthracno se.

BRIEF DESCRIPTION OF THE DRAWINGS

rejected and destroyed the remaining 14 trees as being of

lesser quality. Over the next several years, I examined my seven selected

bur oak trees, photographed them, and took detailed notes regarding their features. In this evaluation, my new variety ‘JFS-KW3’ emerged as the best selection in terms of the superior characteristics that I was seeking. The parent trees to

glossy dark green foliage, and resistance to powdery mildew

25

The colors of an illustration of this type may vary with

lighting conditions and, therefore, color characteristics of this new variety should be determined with reference to the ob ser

vations described herein, rather than from these illustrations alone.

Quercus macrocarpa. In 2003, 2005, 2006, 2007, and 2008, I

FIG. 1: Shows the original tree, illustrating the upright growth habit, straight trunk, and the narrow pyramidal to

propagated small plots test plots of my new variety at the

narrow oval form.

‘JFS-KW3’ were unnamed, unpatented trees of the species

nursery in Boring, Oreg., by chip budding onto seedling Quercus macrocarpa rootstock. From this propagation, I established that the characteristics of a straight upright trunk,

FIG. 2: Shows two year old nursery grown trees, illustrat

ing the straight trunk and central leader, the upright habit, and the short side branches.

US PP22,815 P2 4

3 FIG. 3: Shows the upper surface of typical summer leaves With dark green color and a glossy surface. FIG. 4: ShoWs the loWer surface of typical summer leaves.

Branch lenticels.iSmall, round, 0.5 mm by 0.5 mm, Greyed-orange 165D to Orange-White 159A. As branches groW, the lenticels become engulfed in the

developing corky bark.

FIG. 5: ShoWs the top surface of typical leaves displaying

Branch barkiSmooth at ?rst, becoming irregularly roughened With corky ridges during the ?rst season.

fall color. FIG. 6: ShoWs typical acorns and nuts from the original tree of my variety. The tWo upper fruits in this ?gure are complete acorns, With caps and each With a second small undeveloped aborted acorn attached to the top of the cap. On the complete acorn at center-right, the cap’ s marginal fringe has been Worn aWay by abrasion in the tree canopy. The loWermost (outer) tWo fruits are typical nuts Which have been removed from their caps. FIG. 7: ShoWs tWo typical acorns of ‘JFS-KW3’ from the original tree of my variety on the left in comparison to tWo typical and much larger acorns of the species Quercus mac

Branch bark color: Grey-Green 197A to Grey-BroWn 199B. Corky ridges are 1 mm to 4 mm high during the ?rst season. Branch corkiness is patchy during the ?rst tWo seasons, then branches generally become completely corky by the end of the third season. Dormant buds.4Generally triangular in shape With a bluntly acute tip, 2 mm to 5 mm long by 2 mm to 3.5

mm Wide. Overlapping scales, mostly tWo ranked, cover the buds. Short pubescence covers scales. Dor mant bud color: Grey-BroWn 199C to 199D.

rocarpa on the right. This ?gure illustrates the relatively

Internodes.*1.9 cm to 4.0 cm.

smaller acorn siZe of the acorns from the original tree of my neW variety. FIG. 8: ShoWs a neW groWth branch tip of ‘JFS-KW3’ on

HardinessiHas tolerated temperatures to 10 degrees F. Without damage in Boring, Oreg. It has not been tested

the left and a neW groWth branch tip of a typical Quercus macrocarpa seedling tree on the right, and illustrates the upWard orientation of the leaves and petioles of my neW variety compared to the much more horiZontal orientation of the seedling tree. FIG. 9: ShoWs a close up ofa portion ofa ?rst year branch from a tree of my neW variety during the Winter season,

20

at loWer temperatures, but it is believed to have Zone 3 cold hardiness similar to the species.

Disease resistanceiHighly resistant to poWdery mil Leaves:

Except as otherwise noted, observations arefrom twenty

typical vigorous growth leaves.

ArrangementiAltemate.

illustrating the development of corky ridges on the branch 30

surface.

Width.i7 cm to 12 cm.

Petiolesil cm to 1.5 cm long><2 mm Wide (diameter). 35

is based on observations of the original tree and one, tWo, and 40

Which Were groWing in Boring, Oreg.

Spring, the petioles are Green 140C; in early Summer, they change to YelloW-Green 145A; in late Summer, portions of the petioles exposed to sunlight change to Greyed-Red 181C, and in the Fall, the petiole color changes to YelloW-Orange 22A to Greyed-Orange 163B.

Scienti?c name: Quercus macrocarpa ‘JFS-KW3’.

Parentage: Seed parentiUnnamed, unpatented tree of the species Quercus macrocarpa. Pollen parentiUnnamed, unpatented tree of the spe cies Quercus macrocarpa.

The color of the petioles vary through the groWing season and With the degree of exposure to sunlight. In

Horticultural Society (R.H.S.) Colour Chart, 1986 Edition, published by The Royal Horticultural Society in London, and three year old progeny. The observed progeny Were trees

TextureiThick, smooth. Sheen .iVery glossy upper surface, dull under surface. Length.*13 cm to 21 cm.

DETAILED BOTANICAL DESCRIPTION

The folloWing detailed description of the ‘JFS-KW3’ vari ety, With color terminology in accordance With The Royal

deW (Erysiphe alphitoides) and anthracnose (Apiog nomonia quercina).

25

Overall shape and orientationiObovate, With rounded lobes. 45

Leaf orientationiLeaf angled upWard at petiole attachment.

Margin .iLobed With 4 to 7 variably shaped lobes. The

Tree:

basal lobes are generally cut more than halfWay to the

Overall shapeiTall, straight, upright, narroWly pyra midal to narroWly oval. HeightiOriginal tree, 9.3 meters at 13 years of age. Width.4Original tree, 2.1 meters at 13 years of age.

mid-rib and the upper lobes are generally shalloWly 50

late margin at the tip. lip.4Obtuse to rounded. Base.4Cuneate.

Caliper.4Original tree, 16.3 cm at 10 cm from ground;

StipulesiNone.

13.0 cm at 1 meter, at 13 years of age.

Trunk.4Original tree, sturdy, straight, deeply furroWed,

55

With a straight leader.

Summer leaf color.iUpper leaf surface: Green 139A.

With rough corky bark ridges. 60

LoWer leaf surface: YelloW-Green 148C to YelloW Green 149D. Vein: YelloW-Green 145C on underside, YelloW-Green 153C on top.

Fall leaf color.iTop surface YelloW-Orange 19A to YelloW-Orange 21B.

197B to Grey 201A. Lenticels: None visible on trunk.

Primary branchesiShort, sturdy, With Wide branch

PubescenceiWhite 157D in color; Underside i tomentulose With dense short tomentum. Top i

angles. Branch angleiVaries from 40 degrees to 90 degrees, but typically 60 to 90 degrees.

Spring leaf color, ?rst emerging leaves.iTop surface Green 140B. LoWer surface Green 140D.

Trunk bark textureiOriginal tree, deeply furroWed Trunk bark color.iImmature bark color: Grey-broWn 199A, With corky ridges that are Greyed-orange 165B to BroWn 200C. Mature bark color: Greyed-broWn

cut. The lobes become reduced to an irregularly undu

65

sparse, scattered stellate hairs. PersistenceiTree is deciduous.

US PP22,815 P2 6 Flowers: Overall .iMonoecious, with male ?owers held in pen dulous catkins and female ?owers held generally in pairs on short stalks in the axils of leaves.

Calkin and ?owers (observed in original Zree).iMale

SeedxiFleshy to ?rm, ovoid, 14 mm><9 mm, Greyed Orange 165A when mature. Surface is ?nely rugose. Fruit produclioniModerate. 5

i Long pendulous, cylindrical, many ?owered cat kins averaging 3 cm to 8 cm long by 3 mm to 5 cm

wide. Yellow-green 151A to 151C. Stalk slightly pubescent, pubescence White 157D in color. Indi vidual ?owers consist of a highly reduced calyx with 10 generally ?ve protruding stamens. Anthers Yellow

ing a globose ovary with a three lobed pistil. Stigma color is Yellow-green 154B.

FragranceiNone. Flowering daleiln Boring, Oreg., original tree had a peak bloom May 20, during the 2009 growing season.

species con?rm this form difference. This, and other dif

TABLE 1 15

Feature: Height, 1 year tree Height, 2 year tree Longest branch, 2 year 20 Ratio ofHeight to

‘IFS-KW3’

Seedling

1.75 meter 2.59 meter 38 cm 6.8 to 1

1.09 meter 2.44 meter 66 cm 3.7 to 1

Glossy Green 139A

Dull Yellow-green 144A to

Longest branch

Fruit: Observations are from a sampling of typical fruit from

Leaf upper surface Leaf color, upper

the original tree as the progeny are too young to have

produced any acorns. Zj/peiAcom, consisting of a nut and a cap that sur rounds the top one-third to one-half of the nut. Size.4Overall, acorn averages 18 mm long by 15 mm in diameter at widest location. Nut is 17 mm long><9 mm high. Stalk

oval at the same age. Measurement of propagated one and two year old trees of my new variety and seedlings of the

ferences are detailed in Table 1 below.

13A. Female i Generally held in pairs or occasion ally threes on a 2 mm to 5 mm long stalk in leaf axils.

Flowers are typically 3 mm by 3 mm overall, Yellow green 145A. The calyx is reduced to bracts surround

UsageiFood source for wildlife. Comparison to the species: My new variety is taller and more narrow in form than the species. The 13 year old original tree is best described as narrowly pyramidal to narrowly oval in shape, while typical trees of the species are broadly

surface

Leaf orientation Petiole angle from 25 branch

Acorns

Green 139A

Upward along branch

Outward from branch

20° to 50°

80° to 110°

Observed in original tree only, small, 18 mm long

Large, typically 20 mm to 40 mm long by 18 to

by 15 mm in diameter at

35 mm in diameter at

the widest location

the widest location

varies from 2 mm to 12 mm long><1 mm to 2 mm in 30

diameter. Shape.4Ovoid, smooth nut with rounded, scaled cap.

I claim: 1. A new and distinct variety of bur oak tree, substantially

Cap margin with long, wavy scales giving a fringed

as herein shown and described.

appearance. ColoriNut i Greyed-Orange 165B to Greyed-Or

ange 165C. Cap i Greyed-Green 197A to Greyed Green 197C.

35

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$3."

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FE

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(12) United States Plant Patent

Jan 25, 2010 - cited by examiner. Primary Examiner * Wendy C Haas. (74) Attorney, Agent, or Firm * Klarquist Sparkman, LLP. (57). ABSTRACT. A variety of ...

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