I think this is where Apple is going to have a hard time. There have been several other devices that had a sort of "multi-touch" capability, which might render Apple's multi touch non-novel, and prevent it from receiving a patent.
You'll notice in the photo application that he pinches to zoom in and out.
I pray that the difference between using the exact same technology on a 4 inch screen that you had seen on a 40 inch screen isn't novel, but with our patent office these days it won't surprise me.
The article also mentions Apple began filing patents for these things in 2004, and they acquired FingerWorks, which may have been working on such technology for even longer.
I believe Apple's implementation of the multitouch hardware/software is unique (very different than Jeff Han's FTIR method) which certainly is patentable, though that's a different issue than the gestures.
It's not like Apple is patenting the "pinch" per se, they're patenting the method of using a pinch gesture for a very specific purpose: zooming in and out. It obviously doesn't apply to people making pinching gestures in any other context.
It doesn't matter if it's unique now or not, if Apple filed a patent first (note: possibly before the iPhone was even announced) and there was no prior art, then as far as I know they're entitled to it.
I'm going to file a patent for putting my arms in the air and waving them like I just don't care.