Differenc in exclude v 2.6.9 and v 3.0.4

[Harry Putnam]

I'm finding a fairly major difference in the behavior of
include/exclude between 2 version of rsync:
opensolaris running rsync version 2.6.9
     Cygwin running rsync version 3.0.4

Run from Opensolaris using version 2.6.9 and pulling from a windows XP
box with this cmdline:

(Note: cmds are wrapped for mail)

   rsync -nvviirp --inplace --include="Temp/**/" \
   --exclude="Temp/**" \
   harry at harvey:/cygdrive/c/'Documents\ And\ Settings' \
   ./DocsSettings >file 

Works as was intended... the Temp/ directory shows up and all subdir
but none of the files under Temp/

Then I turn it around and run from cygwin on Windows XP with this
cmdline:
   (Note the <-e '/usr/bin/ssh'>... for some reason on my cygwin
   installation it will fail to find ssh otherwise. Mentioned here
   only by way of explaining why that portion is different than the 
   one above)

   rsync -e '/usr/bin/ssh' -nvviirp --inplace \
   --include="Temp/**/" --exclude="Temp/**" . \
  root at zfs:/Zhosts/rsync/harvey/DocsSettings/ > ~/file

Unless I'm getting even blinder than I thought, those two are the same
commands, yet in the second case, when I look at the log `file', no
Temp/ directory has been pushed.

Is this actually a difference that was one way in an earlier (2.6.9)
version and is different in the later (3.0.4) version?

That seems unlikely to me... 

Or is it something I'm overlooking in the commands or the behavior of
windows with cygwin?