I'm sorry but it sounds like most people here are just trying to avoid admitting they may have bought a game with a serious flaw.
Let me ask you this: is there any reason not to have respawning enemies? What is the benefit to the game experience in eliminating respawns to someone who wants respawning enemies? (which by the way will be ALOT of people)
I, too, am disappointed to hear that this game will only have a limited number of enemies in the game to kill, and that your character will only be able to advance so far before the final confrontation is thrust upon him. In my opinion that makes this game no different than a first person shooter like half life in terms of progressing through the world.
In half life you kill enemies and they stay dead, you move on to the next level until you reach the final challenge. By then you are more powerful due to the fact that you have new guns, but you're only just so powerful and there nothing at all you can do to change that. This game is exactly like that. You get to level 35 and thats it. You can change your weapons or abilities sort of like you can change guns in half life, but thats the limit on your control over the situation.
The OP is correct that this fails to be an RPG. RPGs arent just about choosing one of 4 text replies from a menu in a dialogue box. RPG's are about having complete control over your character, what he does, where he goes. Thats why the VAST MAJORITY of games that style themselves as RPG's allow sufficient opportunities for combat that anyone can bring their character to any level of power they wished before completing the game.
In a game like this, theres no reason to even have levels. Just make everything level one and balance all encounters around level 1. Dont show numbers and you've saved yourself alot of work. It would be just like devil may cry or a similar game. No levels, just powerups and gear.
But hey i guess they wouldn't be able to really call it an RPG if it didnt have RPG elements.