Moreover, that example would be dealt with simply by following the guidelines in the DMG re: ineffective attacks.
RC
IIRC, the core rules give you the rules for the level 1 Commoner and the DMG contains the cat statistics? What are the cat statistics for - if it can't kill the Commoner, who can it use these attacks on?
Aside from this, I seem to remember that the rule on ineffective attacks mostly applies to attacking objects, not creatures?
BUT:
No, don't answer. The Cat vs Commoner thing is just a joke and it does not say anything at all about the quality of a game system or play style or whatever. Some designer thought it would be could to have some statistics for a cat, doesn't mean the system is flawed. It's just that the specific way he chose to model it with the system is flawed. That happens all the time.
The only thing it highlights is how you can use models "wrong" and that you have to put some thought into it. The Cat vs Commoner thing is an example of a model used "wrong" because the model makes a prediction that doesn't mesh with your expectations, based on believability concerns.
Deciding that level 10 parties don't fight level 1 Kobold Skirmishers but Level 10 Kobold Minions is similar, but with another goal - instead of being concerned with believability, you think about the gameplay experience.
But the rules do not make any assumptions regarding this. They don't tell you have to switch a Kobold Skirmisher to a Kobold Minion or anything. If you find this unrealistic or inconsistent, you ignore this option. The rules give you the guidelines to tell you that a level 1 monster against a level 10 party is not a good challenge. But that doesn't mean the system makes it impossible to do it. It is just not a good challenge. It doesn't force you to adopt a new playstyle where everything is "level appropriate". The naive assumption put forth by the guidelines is more that you don't send Kobolds against a level 10 party by default, not that you come up with Kobold Minion stats - if you want to keep it challenging.