In RTC 4.0.1, we have some additional states for our defects, one of which is Deferred (assigned to the 'Open' OSLC group). I've created a work item query that grabs all unresolved work items in a project and it fails to return any defects in that Deferred state. If I change the query to "is not" + "Resolved", the deferred defects appear in the results. I couldn't find any other reports of this issue.