Patent ID: 7328828

Claim:
A surgical instrument comprising: a handle portion operably configured to produce a firing motion; a channel coupled to the handle portion; an anvil pivotally attached to the channel; a staple cartridge engaged by the channel and including a plurality of staple drivers and staples, the staple drivers for camming the staples toward the anvil; a wedge member proximal to and longitudinally aligned with the staple drivers; a reciprocating firing device responsive to the firing motion to progressively drive the wedge member from an unfired position to a fired position; and a lockout arm pivotally attached to the channel and operably configured to pivot between a locked position and an unlocked position with respect to the firing device based upon a position of the wedge member; wherein the lockout arm comprises a first end, a second end, and pivot means located between the first and second ends, the pivot means cooperative with the channel; wherein the first end of the lockout arm is operably configured for depressible engagement by the wedge member when present in the unfired position such that the second end of the lockout arm is pivoted in an elevated position with respect to the firing device, the depressed engagement of the first end and the elevation of second end corresponding to the unlocked position of the lockout arm; and a biasing means for applying a force for elevating the first end of the lockout arm such that the second end thereof is pivoted in a depressed position with respect to the firing device when the wedge member is not present in the unfired position, the elevation of the first end and the depression of the second end corresponding to the locked position of the lockout arm; wherein the second end of the lockout arm is operably configured to engage the firing device when the lockout arm is in the locked position such that distal movement of the firing device is prevented.