Should we include the XML prolog in the XPath data model, or DOM

Hi all,
   I wrote the following blog post. This is perhaps a weird thought,
for people having worked with XML for long.

http://mukulgandhi.blogspot.com/2008/09/should-we-include-version10-in-xpath.html

This is a short description of the points I have in mind.

Could you please let us know, if my logic have any merit.

-- 
Regards,
Mukul Gandhi