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Constr-cont-nsmode-8 attempts to construct an element with an attribute that is of type xs:QName and expects an error to be reported. An implementation that constructs its documents from an Infoset will not see the attribute as a QName, and so will return the following: <new atomic:attr="foo:aQname" xmlns:atomic="http://www.w3.org/XQueryTest"/> I believe that either this should be accepted as an alternate result for this test case or the test case should be rewritten.
Hi Andrew, this test is supposed to test XQTY0086, so I believe it is a better idea if possible to rewrite it so that it always tests this error. I will point Mike Kay to this bug since he wrote the original test, following his bug report in bug 4151.
I've also marked this as duplicate of 11813 which covers test cases Constr-cont-nsmode-5-10 *** This bug has been marked as a duplicate of bug 11813 ***