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This test tests XQuery syntax, more specifically that "empty-sequence()?" is invalid. The XQueryX version of this query has just an "empty-sequence()" in place of an "empty-sequence()?", and indeed the latter is not allowed and is enforced by the schema.
This bug is only present in the CVS version of XQTS
Our XQueryX tests are generated from our XQuery tests. I've been a bit lax, and this hasn't been done in quite a while. I've just refreshed the XQueryX tests, and because the XQuery for K-FunctionProlog-48 is syntactically invalid, a corresponding XQueryX test was not generated.