A surgical staple (10) comprising a first (12) deformable leg member having at least a first portion (12b) of a staple backspan (16) extending therefrom and a second deformable leg member (14) having at least a second portion (14b) of the staple backspan (16) extending therefrom. At least one of the first and second portions (12b,14b) of the staple backspan (16) are movable with respect to the other portion to vary the length (L1) of the staple backspan (16).