> practicaly a node that has it's data flagged as CDATA might
> pragmatically be thought of as a CDATA node.

only if the flag is saved with the node. Then it _is_ a new node type.
But if it is just a switch to the parser then the information just is
not there, there is no flag.

>  How can I get CDATA in the result tree?

you say you want this:

<p>
<![CDATA[ TEST ]]>
</p>

but that isn't the result tree itself, it is just one possible
concrete syntax for a p element with children consisting of the
character data " TEST ". 
An alternative and equivalent representation of that tree is

<p>
 TEST 
</p>

David


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