Patent ID: 8387848

Claim:
A surgical staple transitionable between a preformed state and a deformed state, the surgical staple comprising: a first deformable leg having a first proximal portion and a first distal portion having a first tissue penetrating tip; a second deformable leg having a second proximal portion and a second distal portion having a second tissue penetrating tip; and a backspan having a first transverse portion extending from the first proximal portion of the first leg and a second transverse portion extending from the second proximal portion of the second leg, the first and second transverse portions spaced apart to create a gap therebetween, the backspan further including a third transverse portion having a first end portion and a second end portion, the third transverse portion spaced distally from the first and second transverse portions and distally of the gap, and a first non-linear backspan portion extending between the first transverse portion and the first end portion of the third transverse portion and a second non-linear backspan portion extending between the second transverse portion and the second end portion of the third transverse portion, wherein the third transverse portion in the preformed state is interposed between the first and second deformable legs.