Directionally biased staple and method of manufacturing

A surgical staple having first and second legs and being deformable by contact of the legs with anvil pockets of an anvil, the staple comprising:

• a backspan;
• at least two deformable legs depending from the backspan, the legs configured to be driven through tissue and into contact with anvil pockets of an anvil;
• and
• the backspan and legs configured to have a moment of inertia ratio of between about 1.1 to about 3.0.

A surgical stapler comprising:

• an anvil having a plurality of anvil pockets;
• a staple cartridge configured to hold at least two surgical staples wherein tissue is compressed between the anvil and staple cartridge when the anvil and cartridge are placed in an approximated position;
• a pusher for contacting and driving the staple into the anvil such that each staple leg contacts an anvil pocket to form the staple;
• and
• a surgical staple positioned in the staple cartridge, the surgical staple having a backspan, a pair of deformable legs and a bending region having a base dimension and a height dimension, the base dimension being greater than the height dimension.