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The result of test XQuery/exprSeqTypes/PrologExpr/VariableProlog/ExternalVariablesWith/K2-ExternalVariablesWith-22.xq should be XPTY0004, because the default construction mode is preserve, and as a result, the type of <e/> is xs:anyType, which is not a subtype of xs:untyped. So, either the expected result should be changed to XPTY0004, or a declaration should be added to the query prolog to declare the construction mode as "strip".
This bug reminded me to raise bug #11585 against the specification: it's not directly relevant, but it's in the same area.
This test case is now represented in QT3 and is also related to bug #21960 *** This bug has been marked as a duplicate of bug 21960 ***