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Rather then calling out to the XML fragment serialization algorithm in HTML5 (which is a set of guidelines and requirements), implement the throwing/not throwing requirements in the algorithm, and invoke it directly from these API calls. (The prose already describes the switching logic between nodes in the HMTL vs. XML document, but this logic is never used anywhere in the spec.)
Fixed in latest editor's draft. Tracking the actual validation steps as part of bug 25168
Note: this is fixed in changelist: https://dvcs.w3.org/hg/innerhtml/rev/bf16edd32039