Its actually quite easy to patent anything you want. I'm required to
produce 1 patent per year in my work in RND. Some years I've not had
too many good ideas. However, a good attorney can make just about
any patent happen. I'd say it has MUCH more to do with the quality of
the attorney than the quality of the invension. Also, remember that
once you see the patent on-line, its been in the system for about 5
years (so it may be old).
The true test of the patent is not whether the attorney is able to get
it past the examiner, but whether it holds up in court if challenged.
If this guy really did patent a 2x4 (as the saying goes) then it up be
up to the courts to test it if, indeed, he tries to exercise his patent
to prevent someone else from doing something. I'm probaly a bit
negative but in my opinion, today, patents are really used as amo in IP
lawsuites. It's a game of which company can throw more patents at the
wall. I've consulted on both sides of such lawsuits and always find its
much more a game of trying to find a way to get rid of competitors than
actually protecting true IP, although not always.
BTW: If the patent holder loses in court just once, the patent is null
and void for everyone. Its a risk not all patent holders are actually
willing to take.
-Robert