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XQuery 1.0, in its Introduction, states: "In this document, examples and material labeled as "Note" are provided for explanatory purposes and are not normative." XSLT 2.0 is missing this statement.
You missed it. Section 2.1 states: A paragraph labeled as a Note or described as an example is non-normative. I am marking this as INVALID; if you accept this disposition, please close the bug.