A surgical staple comprising a first deformable leg, a second deformable leg and a backspan having first and second transverse portions spaced apart to create a gap therebetween. The backspan further includes a third transverse portion spaced distally from the first and second transverse portions and distally of the gap. A first non-linear backspan portion extends between the first transverse portion and the first end portion of the third transverse portion and a second non-linear backspan portion extends between the second transverse portion and the second end portion of the third transverse portion.
