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In the Microsoft ComplexType test set, test group ctG001 illustrates what is probably a problem in the spec rather than in the test itself. In the schema, fooType is a restriction of myType. fooType has the particle <element name="myElement"/> where myType has <any processContents="strict"/>. Since there is no global element declaration for myElement, an instance containing myElement would conform to the subtype but not to the base type, meaning that type subsumption is violated. I suspect, though I have not checked carefully, that this is a problem in the specification rather than in the test. Other examples are ctG007-011.
The test is valid per spec, the WG should address this issue as intuitively the derived type does not fit within the bounds of the base type.
Agreed, we might not like the 1.0 spec, but that's the way it's written, so the test should stand. Note however that in 1.1 the schema will be invalid. The bug is therefore classed as INVALID.
This non-bug has been extended to non-cover ctG007--ctG011 as well