Again, assumptions. What sequences are not under selection?(how do you tell things are being selected?) Function and proteins... why do you suppose there was suprise at the "small" of protein coding genes?
"Although the completion of the Human Genome Project was celebrated in April 2003 and sequencing of the human chromosomes is essentially "finished," the exact number of genes encoded by the genome is still unknown. October 2004 findings from The International Human Genome Sequencing Consortium, led in the United States by the National Human Genome Research Institute (NHGRI) and the Department of Energy (DOE), reduce the estimated number of human protein-coding genes from 35,000 to only 20,000-25,000, a surprisingly low number for our species (7). Consortium researchers have confirmed the existence of 19,599 protein-coding genes in the human genome and identified another 2,188 DNA segments that are predicted to be protein-coding genes. "
from --- http://www.ornl.gov/sci/techresources/Human_Genome/faq/genenumber.shtml
The reduction in the estimate of 35,000 genes to 20,000 to 25,000 is very interesting. The predicted protein coded genes are probably predicted based upon genetic conservation and recognizable open reading frames that could code for a protein.