So, that makes pinch-to-zoom is not patentable.

The U.S. Patent and Trademark Office has rejected claims of an Apple patent that figures prominently in a patent infringement lawsuit against Samsung Electronics, according to documents filed by the South Korean company in a U.S. federal court.

The 21 claims of the patent were rejected by the USPTO in a "final office action," as they were anticipated by previous patents or unpatentable. Known as the "pinch-to-zoom" patent, it covers the ability to distinguish between the scrolling movement of one finger and two-fingers gestures like pinch-to-zoom on a touch-screen to activate certain functions.

Apple has up to two months to respond to the USPTO decision. U.S. Patent Office Rejects Apple's 'Pinch-to-Zoom' Patent Claim [pcworld.com]