Because they take the rankings of May 10th. Patience was 109 in that ranking and the last direct entry was Marc Lopez 107 on that ranking. Now Patience is in top 100, but it doesnt matter, he has to qualify.
Olivier forgot to apply for the qualifying ! He shown up but couldn't enter the draw until Nicolas Almagro of Spain didn't show up because he thought the qualifying starts on Tuesday ! Patience took his spot.
Olivier should have been nominated seed #2 if he had normaly entered the draw.