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.
Of course I haven't done any research on the matter either...
http://www.ted.com/index.php/talks/view/id/65
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.
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.