The thing is, if it is using traditional selection processes, then all the researcher is doing is discovering a naturally occuring set of genes that have a desired effect. This is no different than if someone randomly discovers a new lifeform in their yard, they can't claim exclusive rights over all descendants of that lifeform. The amount of work someone puts into it has no bearing on patentability.
Same thing as if an astronomer points a telescope to a patch of sky that has never been observed. Can they own exclusive rights to the image, and prevent others from pointing their telescopes to that same patch to make their own image? What if that astronomer spent 10 years looking at different galaxies and other astro objects, to find that one nebula that has artistic value?