You said:...

"It is funny to me Why DM did not ask her to rule in our Favor ?"...

OH, but he, (DM that is), did; he did tell her to decide the remaininng claims by following the "PLAIN MEANING" of the claims remaining, in line with the Phillips case...

Go back and read the pages 9-10 of the excellent REPORT by Silver...

Count the Kiching, Kiching as COMBA would say...Lol...Lol...

Gil...