Surgical stapling instrument

Claim 2

An instrument for stapling body tissue, comprising: staple means preformed in a closed state and made of a body-compatible material having a stress plateau such that the staple means may be flexed to an open state without permanent deformation; means for storing the staple means in the open state, the storing means having a discharge end and further comprising means for retaining the staple means within the storing means in the open state; and means for ejecting the staple from the retaining means at the storing means discharge end such that the staple returns itself to the performed closed state.

Claim 3

The instrument of claim 1 wherein the staple means comprises: a yoke having a first shoulder and a second shoulder; a first leg extending in a first arc from the first shoulder; and a second leg extending in a second arc from the second shoulder, the first and second legs and the yoke being coplanar.

Claim 4

The instrument of claim 2 wherein the yoke is substantially straight and the first and second legs have a generally closed form in the closed state.

Claim 5

The instrument of claim 3 wherein the first and second legs travel generally along the first and second arcs when moving from the open state to the closed state.

Claim 6

The instrument of claim 2 wherein the first and second legs each terminate at a penetrating tip.

Claim 7

The instrument of claim 1 wherein the staple means is made from a metallic alloy comprising approximately 50 percent nickel and 50 percent titanium.

Claim 8

The instrument of claim 1 wherein the staple means is made from a plastic.

Claim 9

The instrument of claim 1 wherein the staple means has first and second legs, at least one of the staple means legs extending past the storing means discharge end.

Claim 10

The instrument of claim 8 wherein the ejecting means comprises plunger means movable toward the discharge end for urging the staple means from the discharge end.

Claim 11

The instrument of claim 1 wherein the ejecting means comprises plunger means movable toward the discharge end for urging the staple means from the discharge end.

Claim 12

An instrument of stapling body tissue comprising: staple means preformed in a closed state and made of a body-compatible material having a stress plateau such that the staple means may be flexed to an open state without permanent deformation, the staple means further comprising: a yoke having a first shoulder and a second shoulder; a first leg extending in a first arc from the first shoulder; and a second leg extending in the second arc from the second shoulder, the first and second legs and the yoke being "planar"; retainer means for storing the staple means in the open state, the retainer means comprising: a handle; a tray coupled to the handle and having a generally planar surface with a discharge end; a stub formed in the tray near the discharge end and having a generally curved wall; and a pair of stops formed in the tray, the stops being positioned about the stub and generally adjacent the discharge end with each stop engaging one of the first and second staple legs to press the yoke against the curved wall for storing the staple means in the open state; and means for ejecting the staple from the retainer means such that the staple returns itself to the preformed closed state.

Claim 13

An instrument of stapling body tissue comprising: staple means preformed in a closed state and made of a body-compatible material having a stress plateau such that the staple means may be flexed to an open state without permanent deformation, the staple means further comprising: a yoke having a first shoulder and a second shoulder; a first leg extending in a first arc from the first shoulder; and a second leg extending in the second arc from the second shoulder, the first and second legs and the yoke being "planar"; retainer means for storing the staple means in the open state, the retainer means comprising: a handle; a tray coupled to the handle and having a generally planar surface with a discharge end; a stub formed in the tray near the discharge end and having a generally curved wall; and a pair of stops formed in the tray, the stops being positioned about the stub and generally adjacent the discharge end with each stop engaging one of the first and second staple legs to press the yoke against the curved wall for storing the staple means in the open state; and means for ejecting the staple from the retainer means such that the staple returns itself to the preformed closed state.

Claim 14

The instrument of claim 11 wherein the tray includes first and second retaining wall extending from the discharge end such that the first staple leg is positioned between the first wall and one of the stops and the second staple leg is positioned between the second wall and the other stop.

Claim 15

The instrument of claim 12 wherein the first and second staple legs extend past the discharge end.

Claim 16

The instrument of claim 12 wherein the stub, the stops, and the first and second retaining walls hold the first and second staple legs coincident with the first and second arcs before and during ejection.

Claim 17

The instrument of claim 12 wherein the means for ejecting comprises a plunger extending along the handle and including first and second tabs that are slidably positioned between the first wall and the stub and between the second wall and the stub, respectively, the first and second tabs engaging the staple means at the first and second shoulders.

Claim 18

The instrument of claim 15 and further comprising a sheath wrapped around the tray, the staple means and the plunger for holding the staple means and the plunger on the tray.

Claim 19

The instrument of claim 11 wherein the stops form a pair of ramps that hold the staple means in the open state while facilitating release of the staple means from the instrument by the means for ejecting.

Claim 20

The instrument of claim 17 wherein the means for ejecting comprises a plunger movable between a store position and an eject position, whereby moving the plunger from the store position to the eject position forces the staple over the stop ramps and ejects the staple means from the discharge end such that the staple means returns itself to the preformed closed state.