Sadly, it's not pathetic. Apple has to at least try, because if the patent office DOES seem it patent-able, Apple wants to hold that patent. It would be more pathetic if they didn't try, and the patent were acquired by someone that wanted to see the "multitouch" king take a tumble.
The only way to know if its patent-able, is to try and patent it. That's what's pathetic.
If I ran a tech business, I'd probably try and patent every damn little insignificant thing just so that I knew no one else could get a patent on it and rip the middle of my platform to shreds.