ElementTree doesn't implement the full XPath language, so it's missing things like Booleans, Number and String comparison functions. As you've already realized, what you're looking to perform here is a negative attribute search, which isn't possible with the limited XPath implementation for ET.
The programmers for ET are relying on the comparator functionality of Python to provide those capabilities via the pythonic if, check, or try/except methodologies you've already mentioned.